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HISTORY 


OF 


SCOTS    AFFAIRS. 


THE  SECOND  VOLUME. 


ABERDEEN:  PRINTED  AT  THE  CONSTITUTIONAL  OFFICE, 
BT  WILLIAM  BENNETT. 


THE  SPALDING  CLUB. 


At  a  Meeting  of  the  Committee  of  the  Council  of  THE 
SPALDING  CLUB,  held  at  Aberdeen,  on  Saturday  the 
twelfth  of  June,  M.DCCC.XLL, 

Mr.   THOMSON  of  Banchory  hi  the  Chair, 

The  following  Report  w  as  read  and  approved  of,  and  ordered  to  be  printed 
and  circulated  among  the  Members  : 

"  The  Committee  of  the  Council  of  THE  SPALDING  CLUB 
have  great  pleasure  in  being  able  to  report  that  its  affairs  continue  in  a 
highly  prosperous  condition.  Within  a  few  weeks  after  the  issue  of  its  first 
publication,  the  number  of  Five  Hundred  Members,  to  which  the  Club 
is  limited,  was  completed ;  and  many  applications  for  admission  into  it  have 
siq,oe  been  received. 

"  The  Committee  are  informed  by  the  Editors  that  the  second  volume  of 
Gordon's  History  of  Scots  Affairs  has  now  been  completed  at  press, 
and  is  in  the  hands  of  the  binder,  so  that  in  a  few  days  it  will  be  ready  for 
delivery  to  the  Members.     The  printing  of  the  third  volume  of  the  work 


2  THE    SPALDING    CLl'B. 

has  been  commenced,  and  will  be  proceeded  with  as  speedily  as  the  avoca- 
tions of  the  Editors  will  permit.  While  the  second  volume  was  passing 
through  the  press,  the  Editors  were  informed  by  the  Reverend  Mr.  James 
Robertson,  at  Cairness,  that  the  copy  of  the  work  to  which  they  had  re- 
ferred in  their  Preface  under  the  name  of  "  Ruddiman's  MS."  was  in  the 
library  of  General  Gordon  of  Cairness  ;  and  it  was  soon  after  placed  in 
their  hands,  by  the  kindness  of  that  lamented  gentleman,  in  whose  death  the 
Club  has  lost  a  valuable  Member.  It  appears  to  be  autograph  of  the  Par- 
son of  Rothiemay  ;  and  the  Editors  have  used  it  in  collating  the  sheets  of 
the  second  volume  from  the  sixty-fifth  page  downwards.  They  will  prefix  to 
the  third  volume  some  account  of  it,  together  with  a  facsimile  of  one  of  its 
pages,  and  such  various  readings  as  may  be  observed  in  collating  it  with 
that  portion  of  the  work  which  was  printed  before  this  more  authentic 
manuscript  was  recovered. 

"  The  Secretary,  by  whom  the  editing  of  the  first  volume  of  The 
Club's  Miscellany  has  been  undertaken,  stated  to  the  Committee  that  a 
considerable  portion  of  that  work  is  printed,  that  all  the  materials  for  it 
have  been  collected  and  arranged,  and  that  he  expects  it  will  be  completed 
in  three  or  four  months. 

"  The  Committee  are  gratified  to  learn  from  the  Secretary  that  Mr. 
Cosmo  Innes  has,  agreeably  to  their  desire,  undertaken  the  editing  of 
Gordon's  Description  of  bothe  Touns  of  Aberdeene,  written  about 
the  year  M.DC.LXI.  The  engraving  of  the  interesting  Map  of  Aber- 
deen, which  this  description  was  designed  to  illustrate,  is  nearly  completed ; 
and  the  work  will,  it  is  hoped,  be  ready  for  issue  in  two  or  three  months. 


THE    SPALDING    CLUB.  C 

"  Mh.  Joseph  Robertson,  who  had  agreed  to  superintend  the  tran- 
scription of  the  volumes  of  tlie  Chartulary  of  Aberdeen  preserved  hi 
the  library  of  The  King's  College,  stated  that  this  task  was  now  all  but 
accomplished ;  and  that  as  soon  as  a  transcript  was  obtained  of  the  volumes 
in  the  library  of  the  Faculty  of  Advocates  at  Edinburgh,  the  printing  of  the 
work  might  be  commenced. 

"  The  Secretary  reported  that  the  transcript  of  the  View  of  the 
Diocese  of  Aberdeen,  written  in  the  beginning  of  the  last  century,  and 
preserved  in  the  Advocates'  Library,  is  now  completed ;  and  that  a  tran- 
script of  Sir  Samuel  Forbes'  History  of  Aberdeenshire,  from  the 
manuscript  in  the  British  Museum,  is  in  progress,  under  the  superintend- 
dence  of  Sir  Henry  Ellis. 

"  Mr.  Joseph  Robertson,  to  whom  the  editing  of  Patrick  Gordon's 
Abridgement  of  Britanes  Distemper  from  M. DC. XXXIX.  to 
M.DC.XL.,  was  assigned,  stated  that  a  transcript  of  that  work  is  now 
prepared  for  the  press,  and  that  the  printing  of  it  may  be  commenced 
whenever  the  Committee  desire. 

"  The  Committee  are  informed  that  considerable  progress  has  been 
made  in  collecting  materials  for  a  volume  of  Orationes  Panegyrics  Ha- 
bits IN  AcADEMiis  Abredonensibus,  the  editing  of  which  has  been  under- 
taken by  'Dr.  Melvin. 

"The  Secretary  reported  that  a  transcript  has  been  made  of  the  His- 
tory OF  THE  Family  of  Rose  of  Kilravock,  and  that  Mr.  Cosmo 
Innes  has  undertaken  to  prepare  this  interesting  and  valuable  work  for 
the  press. 


4  THE   SPALDING    CLUB. 

"  There  was  laid  before  the  Committee  a  Manuscript  which  had  been  ob- 
tained from  the  late  General  Gordon  of  Cairness,  bearing  the  follow- 
ing title : 

'  The  Book  or  List  off  Poleable  persons  within  the  Shire  off  Aberdein  & 
Burghs  within  the  same 

'  Containing  the  names  off  the  haill  persones  poleable  and  Polemoney  payable 
be  them  conforme  to  their  respective  capacities  According  to  the  Act  off 
Parliament  anent  Polemoney  daited  the  [  ]  day  of  [  ] 

'  Faithfullie  extracted  ffurth  of  the  Principall  Lists  of  poleable  persons  off 
each  paroch  within  tlie  Shyre,  as  they  were  reported  by  the  Commis- 
sioners and  Clerks  for  the  severall  paroches  appointed  ffor  that  effect 

'  By  William  Hay  Collector  appointed  off  the  polemoney  peyable  ffurth  of  the 
said  shire 

'  And  revised  and  examined  by  ane  Quorum  of  the  Commissioners  of  Supplie 
off  the  samen  shyie  and  attested  by  them  the  (first  day  of  Aprile  1696.' 

"  The  Committee  appointed  a  Sub-Committee  to  examine  this  volume, 
and  to  report  on  it  to  the  Committee,  at  their  next  meeting." 

ALEX.   THOMSON,   Chairman. 


PRINTED    AT    THE    ABERDEEN    CONSTITUTIONAL    OFFICE, 
BY    WILLIAM    BENNETT. 


HISTORY 

OF 

SCOTS    AFFAIRS, 

From   M  DC  XXXVII  to  M  DC  XLI. 


JAMES     GORDON, 

PARSON  OF  ROTHIEMAY. 

IN  THREE  VOLUMES. 
VOL.  II. 


ABERDEEN : 

PRINTED  FOR  THE  SPALDING  CLUB. 

M  DCCC  XLI. 


M/£R.i 


A&J 


TABLE  OF  CONTENTS. 


PAGE 

History  of  Scots  Affairs  : 

The  Argument, vii 

The  Third  Booke  [continued], 1 

The  Fourth  Booke, 189 


HISTORY 


SCOTS     AFFAIRS. 


THE    ARGUMENT. 


THE    ARGUMENT. 


THE  THIRD  BOOKE. 


OHAPTER 

XXX. 
XXXI. 
XXXII. 


XXXIV. 

XXXV. 

XXXVI. 

XXXVII. 


XXXIX. 

XL. 

XLI. 

XLII. 

XLIII. 

XLIV. 

XLV. 
XLVI. 


PAGE 
Moderator's  speech 3 

Lord  Erskine  joins  the  Covenanters  ;  and  others ;) 

The  Assembly  is  continued  ;  they  vote  themselves  competent  judges  of 

the  bishops,  and  that  they  were  to  proceed  in  their  trial. .5 

Commissioners  from  Strathbogy  advise  with   the  Commissioner   about 

staymg « 

Answer  to  the  Bishops'  Declinator. 
Council  meet,  and  write  the  King.  „ 


26 


Assembly  continue  to  sit.     Argyle  joins  them  ;  and  several  other  lords. „ 
Ministers  who  had  been  objected  to  in  the  Declinator  are  cleared  and 

received. 

Committees.     Bishop  of  Galloway's  process  begun.     Proclamation  for 

dissolving  the  Assembly.     Sum  of  the  King's  reasons 

Assembly's  protestation  against  the  proclamation ;  and  the  sum  of  the 

reasons . , 

The  King's  exceptions  to  the  above  protestation , 

Unanimity  of  the  Assembly.     Mr.  Alexander  Carse 

Trial  of  six  Assemblies  referred  to  a  Committee. 
Account  of  six  Assemblies,  and  the  High  Commission., 


Processes   against  Mr.  David   Mitchel,    Dr.  Patrick   Panter,  and   Mi-. 

Alexander  Gladstanes 

Argyle's  speech.     Speeches  concerning  Arminianism „, 

Bishop  of  Orknay  submitts  to  the  Assembly ;  also  Sir  Archibald  Stuart 
of  Blackhall ;  also  Mr.  John  Forbes,  an  Anti-Covenanter,  and  on  his 
way  to  Ireland.  Mr.  Mitchel  deposed,  and  ordered  to  be  excommuni- 
cated. Committee  to  examine  into  exceptionable  things  against  the 
Ministers  of  Edinburgh.    Witnesses  against  the  Bishop  of  Galloway. 


THE  ARGUMENT. 


CHAPTER 
XLVII. 


XLVIII. 
XLIX. 


L. 
LI. 
LII. 


LIV. 
LV. 
LVI. 
LVII. 
LVIII. 
LIX. 


LXI. 
LXII. 
LXIII. 
LXIV. 


LXVI. 
LXVII. 


Arrainianism  condemned.  Mr.  Robert  Bailey's  speech  against  it.  Com- 
mittee to  censure  the  Ministers  of  Edinburgh.      Mr.  Alexander 

Committee's  exceptions  to  the  six  Assemblies.  They  are  declared  un- 
lawful. ,~~„^ — '.■ 

Intrant  oath  nullified.  Exceptions.  Dr.  Robert  Hamilton  deposed. 
Mr.  James  Forsyth ;   Mr.  John  Crighton  deposed.  . 

Animadversions  on  the  Service  Book 

The  Assembly  condemn  and  prohibit  the  Service  Book.. 


The  Author's  opinion  on  this  subject,  and  of  impartial  people  at  that 

time. —-' ~ —....- 

Summary  of  Bishop  Lesly's  defence  of  the  Service  Book  in  his  Lysi- 

machus  Nicanor. ..^.^....^.w^^..^^ — - 

Animadversions  on  the  Book  of  Canons 

Book  of  Canons  rejected  and  condemned 

Opinion  of  sober  men  upon  this. , 

Animadversions  on  the  Book  of  Ordination  :  said  book  rejected. 

High  Commission  Court  condemned. . 


Opinion  of  sober  people  about  the  Book  of  Ordination  and  the  High 
Commission.     Commission  to  visit   the  shire  of  Angus,    to  sit   at 

Dundee 94 

Mr.  Alexander  Lindsay,  bishop  of  Dunkeld,  submitts.  Mr.  George 
Haliburton's  process  referred  to  the  Angus  Committee.  Mr.  James 
Auchnleche  referred  to  a  Committee.  Sydserfe,  bishop  of  Gallo- 
way, deposed  and  excommunicated. 95 

Archbishop  of  St.  Andrews  trial ;  [he  is]  deposed  and  excommunicated.     99 

Whyteford,  bishop  of  Brichen,  deposed  and  excommunicated. 100 

The  Author's  reflection  on  this. 100 

More  of  Bishop  Whitefoord.     Negotiation  with  Lindsay,   archbishop 

Interpretation  of  the  Confession  of  Faith.  Diocesan  Episcopacy  ab- 
jured and  removed  by  said  Confession. 102 

Reasonings  and  observations  on  this  conclusion. _„™ 105 

Mr.  Robert  Bailey's  behaviour  concerning  this  question.     He  furnished 

Mr.  Spang  with  the  materials  of  his  Historia  Motuum lOS 

Mr.  Robert  Bailey's  opinion  ;  also  Rutherford's  and  Knox's 107 


THE  ARGUMENT. 


CHAPTER 
LXIX. 


LXXI. 
LXXII. 


LXXIII. 
LXXIV. 

LXXV. 

LXXVI. 

LXXVII. 

LXXVIII. 

LXXIX. 

LXXX. 

LXXXI. 

LXXXII. 

LXXXIII. 

LXXXIV. 

LXXXV. 

LXXXVI. 

LXXXVII. 

1  XXXVIII. 

LXXXIX. 


XC. 
XCI. 


XCII. 


Witnesses  sworn  against  Bishopps. 
pacy,  from  the  printed  Acts. 


Assembly's  Act  concerning  Episco- 


109 


Vote  about  Episcopacy  put  a  second  time.  Mr.  Robert  Bailey.  Mar- 
quess of  Hamilton  publishes  a  declaration  concerning  Episcopacy, 
contrary  to  the  Act  of  Assembly.     Substance  thereof 113 

Assembly's  answer  to  Hamilton's  Declaration. 118 

Mr.  Row  subscribes  the  Covenant :  he  is  son  of  Mr.  John  Row,  Minis- 
ter of  Carnock.  Committee  for  constitutions  and  laws  to  prevent 
corruptions  in  future. .,.„ 

Five  Articles  of  Perth  condemned.     The  Act.. 

Mr.  John   Abernethy,   bishop  of  Caithness, 
archbishop  of  Glasgow. 

Mr.  David  Lindsay,  bishop  of  Edinburgh,  deposed., 

Mr.  Adam  Ballentine,  bishop  of  Aberdeen,  deposed.™ 

Mr.  John  Maxwel,  bishop  of  Ross,  deposed.  . 

Mr.  James  Wedderburn,  bishop  of  Dunblane. 

Mr.  James  Forsyth.  „,. ,  . 


Mr.  Patrick  Lindsay, 


Mr.  John  Graham,  bishop  of  Orkney. , 
Mr.  John  Guthrv,—,, . 


Mr.  Patrick  Lindsay,  archbishop  of  Glasgow.  _ 

Mr.  James  Fairley,  bishop  of  Argyle. 

Mr.  Neil  Campbell,  bishop  of  The  Isles. 

Several  ministers  deposed.  „,^ 

Lindsay,  bishop  of  Dunkeld., 

Abernethy,  bishop  of  Caithness 

Wedderburn,  bishop  of  Dunblane— 


127 
127 

1.31 
131 
133 
134 
136 
137 
138 
138 
140 
141 
142 
143 
145 
146 
146 


Moderator  ordered  to  pronounce,  next  day,  the  sentence  of  [deposition] 
of  fourteen  bishops.  Mr.  Andrew  Rollock  renounces  his  subscrip- 
tion of  the  Declinator.     Sentences  read  over. „ 146 

Ceremony  of  pronouncing  the  sentences  of  excommunication. 147 

Earl  of  Wigton.  Mr.  William  Aniiane.  Mr.  Robert  Hamilton  ;  and 
Mr.  Henry  Scrimgeor.  Dr.  Robert  Hamilton,  at  Glassford.  Mr. 
Thomas  Mackenzie,  archdeacon  of  Ross.  Dr.  George  Wisheart,  of 
St.  Andrew's. . , , 1,30 

Mr.  Andrew  Shepheard.  Committees  at  Jedburgh,  Glasgow,  and 
Edinburgh. , 1 50 


THE  ARGUMENT. 


CHAPTER  PAGt 

XCIII.     Provincial  Synods,  Kirk  Sessions,  and  National  Assemblies  restored —  153 
XCIV.     Dr.  Patrick  Panter.     Town  of  Edinburgh.     Mr.  John  Lundie.     Bishop 

Patrick  Forbes  vindicated.     Bishop  Elphingston's  foundation. Io4 

XCV.     Intention  of  sending  visitors,  to  furnish  a  pretext  for  sending  arms  to 

suppress  Huntly 157 

XCVI.     John  Gordon  of  Crosseirne.      Mr.  John   Bell,    Glasgow.     Mr.  John 

Moyle.     Acts  of  Assembly  read  over,  old  acts  renewed. 157 

XCVII.     Dr.  Guild's  supplication  about  salmon  fishing  on  Sunday.     Visitation  of 

Glasgow  College 161 

XCVIII.  Deposed  ministers  to  be  excommunicated,  if  they  did  not  acquiesce. 
Places  of  doing  penance  for  the  bishops ;  [they]  may  be  relaxed  in 
articulo  mortis.    Committees.    Visitations  of  Colleges.    Edinburgh 

gets  the  Moderator 162 

XCIX.     Churchmen  not  to  take  civil  offices. IB."! 

C.  Mr.  Andrew  Cant.  Index  and  Acts  of  Assembly.  Acts,  etc.  to  be 
read  in  pulpits.  Mr.  Archibald  Johnston  and  Mr.  Robert  Dalgleish 
to  license  the  press.  Yearly  Assemblies.  Mr.  Robert  Blair  trans- 
ported to  St.  Andrews.  Lex  Rex.  Procurator's  place.  Ratifica- 
tion applied  for. 

CI.     Moderator  concludes  the  Assembly.     Argyle's  speech.     King's  excep- 
tions to  Argyle's  speech, 
CII.     His  exceptions  to  the  Assembly 
cm.     Many  ministers  drawn  aside  by  influence. 
CIV.     King's  Declaration  against  the  Assembly. 
CV.     The  Assembly's  Protestation  in  Answer. 
CVI.     The  Marquis  of  Hamilton  returns  to  court 

the  committees.     [The  Covenanters]  think  of  levying  an  army  and 
taxes.    The  King  declares  the  Scots  rebels  in  the  beginning  of  1 639.   1 86 


165 


Ministers  turned  out  bv 


THE  ARGUMENT. 


THE  FOURTH  BOOKE. 

CHAPTER  PAGE 

I.     King  incensed 191 

II.  Proceedings  of  the  Covenanters  in  their  own  vindication.  Their  Mani- 
festo  191 

III.  Its  reception  favourable  in  England. 193 

IV.  The  King  publishes  a  counter  Declaration  ;  is  necessitated  to  take  arms 

and  declare  the  Covenanters  rebels ;  his  endeavours  to  raise  money. 

Contributions  from  the  English  clergy  and  nobility.- 194 

V.  The  King  orders  his  domesticks,  with  their  vassals,  to  meet  him  in  arms 
at  York,  on  the  twenty-sixth  of  January ;  also  letters  written  to  the 
nobility  to  the  same  purpose.  Earl  of  Arundel  made  general ;  other 
officers. ,__ . 195 

VI.  Huntly's  allotment ;  Aberdeen  fortified;  Huntly's  proceedings  at  Aber- 

VII.  Assistance  expected  by  Huntly  from  the  King  to  Aberdeen.     Scots 

ships  seased  ;  posts  stopped  and  searched.     King's  councels  betrayed 

to  the  Covenanters _______  197 

VIII.     Berwick  and  Carlisle  garrisoned.     King's  proclamation,  twenty-seventh 

of  February. 198 

IX.  Preparations  of  the  Covenanters  in  their  own  defence.  Information 
for  Defensive  Arms  read  in  pulpits,  circulated  in  write,  but  not 

printed 202 

X.     Corbet's  Refutation _„  203 

XI.  The  Covenanters  levy  men.  Colonel  Robert  Munro.  Marquis  of 
Argyle.  Montrose  opposed  to  Huntly.  General  Sir  Alexander 
Lesly.       Clan    Cameron  join   the   Covenanters,  in   opposition   to 

Huntly.     Meeting  at  Perth.     Taxes .  204 

XII.  Covenanters  fortify  proper  places.  Leith.  Colonel  Alexander  Hamil- 
ton their  master  of  artillery.  Dalkeith.  Regalia.  Edinburgh 
castle  seized ;  also  Dumbarton __„_ 207 

XIII.  Marquis  of  Huntly's  rendevous  at   Turreff.     James  Ogilvie,  Earl  of 

Findlater.     The  Earl  Marischal  declares  for  the  Covenanters 210 

XIV.  Montrose  puts  himself  in  a  state  of  offence ;  intimates  the  time  of  his 

return  to  the  north. 217 


THE  ARGUMENT. 


CHAPTER 

XV. 


XVI. 
XVII. 


XVIII. 
XIX. 

XX. 

XXI. 

XXII. 
XXIII. 
XXIV. 

XXV. 

XXVI. 
XXVII. 

XXVIII. 


XXXI. 

XXXII. 
XXXIII. 
XXXIV. 

XXXV. 
XXXVI. 


Argyle  appointed  to  take  care  of  Airly,  and  prevent  his  joining 
Huntly ;  also  to  fall  upon  Badenoch,  etc.  in  a  certain  event 

Huntly's  awkward  situation.  Commissioners  sent  by  him  to  treat  with 
Montrose.  Montrose  resolves  to  visit  the  old  College  of  Aberdeen. 
Second  deputation.  Montrose's  answer  and  behaviour.  Trepida- 
tion among  tlie  Covenanters.  Foolish  alarm  at  Montrose.  Prodigy  ; 
author  eye-witness  of  it. 

Huntly  disbands,  and  retires  from  Inverury  to  Strathbogie 


Commissioners  return  to  Aberdeen.     The  Loyalists  tly.     Bishop  Bel- 

lenden  flies.      Bishop's  house  demolished 

Montrose  marches  for  Aberdeen  ;  seizes  cannon,  arms,  etc 

Montrose  marches  against  Huntly,  leaving  Kinghorn  governour  of  Aber- 
deen ;  encamps  at  Inverury. 

Their  severity  upon  the  Loyalists.. — — . — 

Interview  betwixt  Huntly  and  Montrose  at  Lowess __ — . 

Huntly  returns  with  Montrose  to  Inverury,  where  he  subscribes  a  paper, 

but  not  the  Covenant.    Terms  which  Huntly  obtained  for  his  friends. 

Designs  of  Forbesses  and  Erasers  to  detain  Huntly  at  Inverury — „ — 

Montrose  marches  back  to  Aberdeen.     Argyle  falls  upon  Airly 

Solemn  Committee  at  Aberdeen  ;  [they]  send  for  Huntly . 

Assurance  given  Huntly.     Forbesses  and  Erasers  press  to  detain  him, 

and  particularly  Frendraught — . 

Montrose  allows  himself  to  be  overruled.      Huntly  carried   to  Edin- 
burgh ;  ever  after  resented  Montrose's  behaviour  to  him — _ __ 

Huntly  committed  to  the  castle  of  Edinburgh.    His  second  son,  Aboyne, 
allowed  to  return ;  goes  to  Berwick.     Two  of  Huntly's  daughters 

married _.^ ._ _ 

Answer  to  King's  Manifesto,  which  was  dated  twenty-seventh  February. 

King's  Proclamation. 

Hamilton  comes  to  the  Firth  with  a  fleet 


Keeps  correspondence  with  the  Covenanters.     His  mother's  behaviour. 

Those  elected  to  parliament  last  year  conveen ;  answer  Hamilton. 

Army  set  on  foot  against  the  King.  General  Lesly  gets  the  command  ; 
settles  the  command  and  distribution  of  the  forces  left  for  the  de- 
fence of  the  kingdom.  . 


218 
•218 


219 
224 

225 
226 

228 
228 
229 

231 
232 
234 
234 


237 


238 
240 
246 
248 
249 
250 


THE  ARGUMENT. 


XV 


CHAPTER  PAGE 

XXXVII.     Troubles  in  the  north  renewed.     Lesly  encamps  at  Dunse  Law  ;   King 
at  Berks,  near  Berwick.      Fall  of  a  bank  near  the  Scottish  camp 

discovers  round  stones  fit  for  balls. 233 

XXXVIII.  Huntly's  friends  conveen  at  Strathbogy,  to  repair  their  breach  of  pro- 
raise  to  him;  their  vain  hopes.  Account  of  the  insurgents  at  Strath- 
bogy :  what  set  them  in  motion.     Covenanters  at  Turreff. 234 

XXXIX.     Gordons  resolve  to  drive  them  away.     Sir  George  Ogilvie  of  Banfe. 
Gordons  dispute  who  should  command  them,  also,  what  commission 

they  had  to  fight , 236 

XL.     March  to  Turreff;    come  within  musket  shot.     Covenanters  fly  ;  not 

pursued  ;   loss  inconsiderable 257 

XLI.     Gordons  fall  to  plundering;  cause  the  inhabitants  subscribe  the  King's 

Covenant.     This  affair  called  The  Trott  of  Turrefi'. 238 

XL  II.  Gordons  return  to  Strathbogy,  and  from  thence  to  Aberdeen  ;  their  de- 
bates. Strathloch  advises  them  against  being  on  the  offensive; 
mediates  between  them  and  Marshal.   Barrens'  Reign ;  go  to  Durris 

in  order  to  join  Donald  Farquharson  and  Huntly's  Highlanders 260 

XLIII.     Meantime  Strathloch  goes   to  Dunnotter  to  Marshall.      His  answer. 

Gordons  disband. , 261 

XLIV.     A  number  of  the  Barons  return  to  Aberdeen,  where  Marshal  beats  up 

their  quarters , , 262 

XLV.  Gordons  return  to  Strathbogie;  cross  the  Spey.  Agreement  between 
Banff  and   Innes.      Articles   subscribed.     Innes  gains  BanflT  over ; 

and  northern  Covenanters  disband 262 

XLVI.     Montrose  collects  his  army  ;  comes  through  Aberdeen  to  the  kirk  of 

Udny.     Barons  disband.     Montrose  lays  siege  to  Gight. 264 

XLVII.  Raises  the  siege  speedily,  being  informed  of  Aboyne's  arrival  in  the 
road  of  Aberdeen.  Aboyne's  story.  The  supply  given  him  by 
Hamilton.  Dr.  Nicholas  Monk  came  to  visit  the  Aberdeen  Doctors.  263 
XLVIII.  Montrose  marched  from  Aberdeen  the  day  preceding  Aboyn's  coming. 
Aboyn  comes  on  shore ;  is  met  by  several  of  his  father's  friends ; 
goes  for  Strathbogie.     James  Grant,  a  son  of  Carron ;  John  Dow 

Gare  ;  Aboyne  censured  for  taking  them  into  his  party. 266 

XLIX.     He  returns  to  Aberdeen  reinforced  ;  publishes  a  band  of  abjuration 268 

L.     Read  of  Cowie.     Aboyne  and  Gun  march  to  Stonehaven  ;  their  views ; 

caimon  shipped 269 


i  THE  ARGUMENT. 

CHAPTER  PAGE 

LI.     Lie  at  Muchals  all  night ;  Aboyn  marches  towards  Fetteresso. 270 

LIL  Aboyn's  powder  blown  up  accidentally.  Ships  that  had  Aboyn's  cannon 
and  powder  on  board  driven  to  sea.  Aboyn  advances  to  Meagre 
hill.  Gun  censured.  Skirnaish.  Second  party  from  Stonehaven. 
Aboyn's  horsemen  retreat.  His  Highlanders  run  away  in  confusion  ; 
the  rest  reel  and  mutiny  against  Gun  ;  all  drop  otf  in  companies.  —  271 

LIII.     Aboyn  sends  to  Aberdeen,  ordering  his  men  to  return.    This  called  The 

Read  of  Stonehaven. 274 

LIV.  Montrose  follows  Aboyn.  Outguards  skirmish.  Aboyne  possesses  the 
bridge  of  Dee.  Resistance  by  the  Aberdeen's  men ;  Dundee's  men 
repulsed.  Montrose's  cannon  brought  up ;  makes  a  feint  as  if  to 
cross  at  Banchory ;  is  followed  by  the  cavalry  by  Gun's  advice. 
Johnston  wounded;  defendants  discouraged  retreat  to  Aberdeen. 
Gun  and   Arradoul  (Gordon)  dispute.     Covenanters  march  straight 

to  Aberdeen 275 

LV.  Covenanters  enter  Aberdeen  in  great  choler;  imprison  ;  hardly  restrain- 
ed from  setting  fire  to  the  town  ;  Marshal  and  Muchols  save  it. 280 

LVI.  News  arrives  of  the  pacification  of  Berwick,  on  the  twentieth  of  June, 
by  sea.     It  was  signed  only  on  the  eighteenth.     Hostilities  cease 

on  both  sides 28 1 

LVII.     Aboyn  goes  to  the  King  at  Berwick 282 


HISTORY 


SCOTS     AFFAIRS. 


THE    THIRD    BOOKE. 


HISTORY  OF  SCO'l'S  AFFAIRS. 


THE  THIRD   BOOKE. 

XXX.  How  soone  the  Commissioner  was  gone,  candles  wer  brought  in    A.  D.  1038. 
to  the  churche  ;  and  the  moderator  begann  for  to  exhorte  the  members  of  the     ^,~,     7  , 

'  ^  ^  Moaeratur  s 

Assemblye  that  since  kinges  wer  Chryste's  subjectes,  no  member  of  that  speccli. 
meeting  should  suffer  themselves,  either  for  feare  of  or  favour  to  any  man, 
for  to  be  reduced  from  the  obedience  to  Chryste's  commandes  in  the 
leaste  ;  that  now  they  wer  to  reley  upon  Chryste's  immediate  praesedencye 
amongst  them,  whom,  from  the  very  beginning  of  ther  bussinesse,  they  had 
founde  going  favourably  alonge  with  them  ;  that  Chryst  biddes  all  expect 
that  tbinges  shall  come  for  the  best  to  thoise  who  comitte  themselves  to  him 
for  ther  gwyde  ;  that  they  needed  not  for  to  be  discouraged  for  any  blockes 
that  should  be  cast  into  ther  waye,  specially  with  thoise  wherby  it  was  ma- 
nifestly discovered  how  praejudicial  this  worke  they  wer  about  was  to  the 
kyngdome  of  Sathan  and  of  Antichryste,  as  also  how  acceptable  it  was  to 
Chryste,  the  Generall  of  this  combate,  for  to  rebuild  the  ruines  of  his  be- 
loved Zion. 

XXXI.  Immediatly  therafter  Lord  Erskyne,*  eldest  sonne  to  the  Earle    Lord  Erskine 
of  Marre,  stood  upp  and  made  a  speeche  (with  teares,   say  such  as  have  J"'"^  ''"^  ^°' 

vcnantors  ; 

wryttne  this  uarratione,t  although  himself,  who   is  presently  living  and  is   and  others. 
Earle  of  Marr,(')  deneys  it  constantly,)  to  this  pourpose  :  My  Lordes  and  the 
rest,  my  heart  hath  been  long  with  yow  ;  I  will  dally  no  mor  with  God  ;    I 
begge  to  be  admitted  into  your  blessed  Covenant,  and  pray  yow  all  to  pray 

•  This  was  done  by  Erskyne  after  the  vote  for  continuance  of  the  Assemblye. 

t  So  that  the  Moderator  and  some  others  weeped  after  him  for  company.  M.S.  Historye 
of  Glasgow  [Assembly.     See  Baillie's  Letters,  toI.  i.  p.  119.] 

(1)  [John,  ninth  Earl  of  Mar,  succeeded  to  that  title  in  1654.  He  died  in  September, 
1668.] 


4  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.      God  for  mee,  that  he  would  forgive  me  for  dallyng  with  him  so  longe.*      It 

is  undoubtedly  true  that  much  after  this  fashione  the  Lord  Erskyne  tooke 

the  Covenant,  which  he,  presently  living  whilst  I  wrytte  this,  deneys  not ; 
only  he  protestes  that  it  was  with  his  conscience,  although  now  he  fyndes 
mor  sorrowe  for  tacking  the  Covenant  so  unadvysedly  then  he  founde  then 
for  his  supposed  delaye  in  swearing  thertoo.  Three  other  of  meaner 
qwalitye  t  desyred  the  same,  and  so  all  thes  four  wer  presently  admitted  into 
ther  Covenant.  It  is  reported  by  some,t  and  suspected  by  mor,  that  thes 
men,  specially  the  Lord  Erskyne,  wer  resolved  to  enter  in  Covenant  befor 
that  tyme,  but  wer  reserved  on  pourpose  for  doing  it  that  honoer,  for  the 
encourao-ement  of  others  :  For  no  sooner  had  they  sworne,  and  the  moderator 
receaved  them  all  by  the  hande,  but  presently  he  desyred  the  whole  audience 
for  to  admire  God's  approbatione  and  sealing  of  ther  proceedinges,  that 
even  at  that  instant,  when  they  might  have  feared  some  shrinking  and  back- 
slyding,  because  of  the  present  rupture.  He  had  moved  the  heartes  of  thes 
men  to  begg  admittaunce  into  ther  societye. 

Immediatly  therafter,  diverse  stoode  up  and  spocke,  but  all  much  about 
one,  and  to  this  sence :  They  had  seen  how  carefull  and  punctwall  the 
King's  Commissioner  was,  lycke  a  good  servant,  faithfully  for  to  serve  the 
King  his  maister,  and  to  observe  his  instructiones  ;  how  much  mor  then 
ought  they  to  be  carefull  to  be  founde  faithfull  in  following  his  instructiones 
who  was  maister  to  them  and  to  the  Comissioner's  maister  lyckwayes  :  a 
compliment  that  the  moderator,  amongst  others,  had  passed  oftner  then 
once  that  night. 

The   Assem-         XXXII.   Thes  exhortatory  speeches  being  ended,  it  was  thought  fitt  that 

bly  is  con-        yp,.y  niirht,  befor  the  rvsing-  of  that  sessione,  least  some,  befor  they  mette 
tinued;  they  J      o     '  J       ^ 

*  Historia  Motuum,  pag.  110. 
f  Mr.  Patricke  Forbesse  from  Hollande,  and  his  colleague  [Matthew  Mackaile],  and  one 
James  Malcolme,  merchant  buigesse  of  Edinburgh.  [Patrick  Forbes  was  the  nephew  of 
Patrick  Forbes  of  Corse,  Bishop  of  Aberdeen,  and  the  son  of  the  well-known  John  Forbes, 
minister  at  Alford,  who  was  banished  from  Scotland  for  the  part  which  he  took  in  the 
General  Assembly  at  Aberdeen,  in  16U5.  "  Mr.  Patrick  Phorbus,"  says  a  MS.  account  of 
the  Glasgow  Assembly,  "  was  so  much  the  more  gladly  received,  because  that  his  father 
before  him  had  been  ane  sutlercr  lor  the  truths  of  Christ  Jesus.  To  whom  the  moderator 
said  thir  words,  '  Come  forward,  Mr.  Patrick  ;  before,  ye  were  the  son  of  a  most  worthy 
father,  but  now  ye  appear  to  be  the  most  worthy  son  of  ane  most  worthy  father."  "  Patrick 
Forbes  became  afterwards  "  chaplain  to  the  loyal  Earl  of  Teviot,  at  Dunkirk  ;  and  return- 
ing home  with  the  King  at  the  Restoration,  was  consecrated  Bishop  of  Caithness,  anno 
1602."     Errol  MS.     He  died  in  1G80.] 

J  Large  Declaration,  potj.  287. 


Ch.  XXXII.] 


HISTORY  OF  SCOTS  AFFAIRS. 


againe,  should  be  threatned,  others  allured  to  desert  the  Assembly/')  for  to    A.  D.  1038. 

putt  it  to  voicino: :  First,  whither,  notwithstandin"-  the  Kinoe's  Comissioner's      ,~T 
r  .  o  o  ^  vote  tnem- 

departing  and  protestatione,  they  wold  adhere  to  ther  owne  protestatione  selves  compe- 
and  continow  the  Assemblye.  They  all  voiced  afBrmativly,  except  the  Lord  tent  judges  of 
Carneggye,  commissioner  from  the  presbytrye  of  Brichen  ;  Sir  Johne  Car-  and  that  thev 
neffsve  of  Eithye,  commissioner  from  the  presbytrye  of  Arbrothe ;  Mr.  Johne  ^^^'"'^ '°  P™- 

r  J     J  ^pgj  jj^  tlieir 

Anann*'^)  and  Mr.  Joseph  Brodye,(3)  commissioners  from  the  presbytrye  f,.;^! 
of  Strabogye  ;  the  ministers  and  laye  elder  commissioners  from  the  presby- 
trye of  Peebles  ;  Doctor  Johne  Strange,  Principall  of  the  Colledge  of  Glas- 
gow ;  Doctor  Johne  Barron, <<^  comissioner  from  the  Universitye  of  St.  An- 
drews, with  some  others,*  who  refoosed  to  sitte  with  them  any  longer.   Some 


(1)  ["  It  was  good  we  were  all  put  to  it  it  presently,"  says  Baillie ;  "  for  if  it  had  been 
delayed  till  the  morrow,  it  is  feared  that  many  would  have  slipt  away." — Letters,  vol.  i.  p. 
118.] 

(2)  [Parson  of  Kinore.     This  parish  now  forms  part  of  that  of  Huntly.] 

(3)  [Minister  at  Keith.] 

(4)  [Dr.  John  Barron,  Provost  of  St.  Salvator's  College,  St.  Andrew's,  and  brother  to  the 
learned  Dr.  Robert  Barron,  Professor  of  Divinity  in  Maiischal  College,  and  Bishop  elect  of 
Orkney.] 

•  Adde  Mr.  Patrick  Mackgill,  Mr.  Patricke  Lyonne,  Mr.  Thomas  Thoris  [minister  at 
Udny],  Mr.  .lohne  Wattsone,  Mr.  Thomas  Makenzie.  [Spalding  adds,  the  Constable  of 
Aberdeen  "  John  Kennedy  of  Kermuck,  a  ruling  elder  of  the  Presbytrye  of  Ellon ;"  and 
"  Mr.  Andrew  Logic,  person  of  Rayne."  Hist,  of  Troub.  vol.  i.  p.  81.  The  names  of  the 
members  who  withdrew  were  expunged  from  the  roll  of  the  Assembly  ;  so  that  they  do  not 
appear  in  the  list  wliich  was  afterwards  published  by  Warriston,  in  the  Answer  to  the 
Bishops'  Declinator,  and  is  reprinted  in  Stevenson's  Hist,  of  the  Church  of  Scot.  vol.  ii. 
p.  475 — 181  ;  and  in  the  Records  of  the  Kirk,  p.  109 — 111.  So  much  of  this  document  as 
relates  to  the  Synods  of  Angus  and  The  Mearns,  Aberdeen,  and  Murray,  is  subjoined. 

L  THE  SYNOD  OF  ANGUS  AND  THE  MEARNS. 


"  Presliyterie  of  Meggill. 
M.  George  Symmer  minister  at  Mcggill. 
M.  George  Halyburton  minister  at  Glen- 

ylla. 
lames  Lord  Cowper  Elder. 

Presbyterie  of  Ditndie. 
M.  Andrew  Wood  minister  at  Monj'footh. 
M.   lohn   Robertson  minister  at  Achter- 

house. 
David  Grahame  of  Fentrie  Elder, 
lames  Fletcher  Provost  of  Dundie. 

Presbyterie  of  Forfar. 
M.    lohn    Lindesay    minister    at    Aber- 
lemno. 


M.  Silvester  Lammy  minister  at  Glames. 
M.   Alexander  Kynninmount  minister  at 

Killimure. 
lames  Lyon  of  Aldbarre  Elder. 
David  Hunter  Provest  of  Forfar. 
John  Grahame  Bailie  of  Montrose. 
Robert  Demster  Bailie  of  Breehen. 

Presbyterie  of  M ems  'iFordoun']. 
M.  lames  Sibbald  minister  at  Benholme. 
M.  Andrew  Mill  minister  at  Fetteresso. 
Mr.   Alexander  Symson  minister  at  Con- 

weth  [Laurencekirk]. 
Sir  Gilbert  Ramsay  of  Balmain  Elder." 


No  commissioners  appear  from  the  Presbyteries  of  Brechin  and  Arbroath,  or  from  the 
burghs  of  Arbroath  and  Bervie. 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


Commission- 
ers from 
Stratlibogy 
advise  with 
tlie  Commis- 
sioner about 
staying.; 


of  thes  (its  saide)  pretended  they  would  have  stayed,  but  complained  that 
ther  comissiones  did  give  them  no  latitude  to  staye  after  the  removall  of  the 
Kinge's  Comissioner.  The  second  thing  that  was  voted  was,  whither  or  not 
the  Assemblye,  though  discharged  by  the  Commissioner,  was  competent 
judge  to  the  Bishopps,  and  whither  they  wold  goe  on  in  ther  tryall,  not- 
withstanding the  reasones  contained  in  ther  Declinator :  and  this  passed 
affirmativly,  without  a  contrarye  voice  ;  and  so  for  that  night  the  Assembly 
was  dismissed.* 

XXXIII.  After  the  rysing  of  the  Assemblye  the  two  above  named 
ministers,  commissioners  for  the  presbytrye  of  Strabogye,  went  to  the 
Kinge's  Comissioner,  humbly  desyring  his  grace  to  tell  them  what  theye 
should  doe,  they  being  cast  in  two  extremes  betuixt  disobedience  to  the 
Kinge's  commande  and  the  members  of  the  Assembly,  who  wer  resolved  all 


II.   THE  SYNOD  OF  ABERDEEN. 


"  Presbyterie  of  Aberdene. 
M.    David    Lyndesay    minister   at    Bal- 

helvie. 
M.  William  Guild  minister  at  Aberdene. 
lames  Skein  of  that  Ilk  Elder. 
M.  lohn   Lundie  Humanist  for  the  Vni- 

versitie  of  Aberdene. 

Presbyterie  of  Heir. 
M.  Andrew  Cant  minister  at  Pitsligo. 
M.  lames  Martine  minister  at  Peterhead. 
M.  Alexander  Martine  minister  at  Deir. 
Alexander  Eraser  of  Fillorth  Elder. 

Presbyterie  of  Aifurd. 
M.  lohn  Young  minister  at  Keig. 
M.  lohn  Ridfurd  minister  at  Kinbettock 


M.  Andrew  Strachan   minister   at   Tilli- 
neshill. 

M.    Michaell    Elphinstoun     of    Balabeg 
Elder. 

Presbyterie  of  Turreff. 

M.  Thomas  Michell  minister  at  TurrefFe. 

M.  William  Dowglasse  minister  at  Forg. 

M.  George  Sharpe  minister  at  Fyvie. 

Walter  Barclay  of  Towie  Elder 
Presbyterie  of  Kinhairne  [0'iVee7j. 

M.    Alexander   Robertson    minister   at 
Clunic. 

Presbyterie  of  Gmioch. 

M.  William  Wedderburn  minister  at  Bath- 
el  nie  [Old  Meldrum]. 

Andrew  Baird  burges  of  Bamfe." 


[Towie]. 

No  commissioners  appear  from  the  Presbyteries   of  Ellon  and  Fordyce,  from  the  city  of 
Aberdeen,  from  The  Marischal  College,  or  from  the  burghs  of  Kintore,  Inverury,  and  CuUen. 

HI.  THE  SYNOD  OF  MURRAY. 


"  Presbyterie  of  Forresse. 
M.  William  Falconer  minister  at  Dyke. 
M.  lohn  Hay  minister  at  Raffert. 
M.  David    Dumbar    minister     at    Edin- 

kaylly. 
William  Rosse  of  Clava  Elder. 
M.  John  Dumbar  Bailie  of  Forresse. 


Presbyterie  of  Innernesse. 
M.  lohn  Howistoun  minister  at  Wartlaw 

[Kirkhil!]. 
M.    Patrick  Dumbar  minister  at  Durris 

[Dores]. 
lames  Eraser  of  Bray  Elder. 
Robert  Bailie  Bailie  of  Innernesse." 


No  commissioners  appear  from  the  Presbyteries  of  Strathbogie,  Abernethy,   Aberlour 
and  Elgin,  or  from  the  burghs  of  Elgin  and  Nairn.] 

•  Historia  Motuum,  p.  111. 


Ch.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  7 

to  sltt,  with  whom  they  wold  gladly  concurre,  if  they  thought  the  hazard  A.  D.  1638. 
war  not  greate  to  follow.  To  whom  the  Commissioner  replyed,  that  they 
might  sitt  still,  and  remaine  with  the  rest  of  the  members  of  the  Assembly. 
"  O,  but,"  says  Mr.  Joseph  Brodye,*"  your  grace  has  commanded  them  to 
ryse,  under  paine  of  treasone  :  how  shall  we  doe  for  that  ?"  "  That's  trwe," 
sayes  the  Commis-ioner,  "  and  I  cannot  but  commende  your  loyaltye,  and  if 
you  will  lett  me  know  your  names  particularly,  and  wher  you  live,  I  will 
macke  your  fidelitye  and  obedience  knowne  to  his  Majestye  :"  and,  withall, 
caused  tacke  a  note  of  ther  names.  The  Commissioner  furder  did  ques- 
tione  them  if  they  wanted  charges  or  any  thing  else  for  ther  journey  home- 
wardes,  and  he  wold  supplye  them ;  they  tould  him  they  wanted  nothinge, 
only  they  thanked  his  grace  for  his  offer,  and  so  tooke  leave.  This  them- 
selves, after  ther  returne,  made  no  councell  of,  but  related  it  to  nianye. 

XXXIV.  I  shall  beer  macke  a  pause,  and,  befor  I  proceede  any  furder,  Answer  to 
give  ane  accompt  of  the  ansuer  which  was  published  afterwardes,  in  the  name  Declinator 
of  the  Assembly,  to  the  Bishopps  their  Declinator  ;  which,  being  printed  not 
long  after  this  tyme  of  the  Assembly,  and  published  at  London,  ther  was 
ane  answer  lyckwayes  printed  to  it  at  Edinburgh,  at  lenth,  but  not  that 
which  but  in  few  wordes  on  haiste  was  readde  in  the  Assembly,  after  the 
Declinator  was  presented.  The  summe  of  the  Declinator  see  above,  in  the 
sixth  sessione  of  the  Assemblye.C  To  the  preface,  which  containes.  First, 
The  necessity  of  nationall  synods  ;  Second,  The  authoritye  wherby  synodes 
are  called ;  they  ansuer,*  That  the  bishopps' protestatione  concerning  the 
necessitye  of  nationall  synods,  is  protestatio  contra  factum  ;  since,  for 
many  yeares  past,  the  bishopps  have  been  the  only  impediment  and  hin- 
derers  of  calling  Generall  Assemblyes,  being  to  them  as  dreadfull  as  a 
generall  councell  to  the  Pope.  To  the  second  they  ansuer,  that  heerby  the 
bishopps,  for  ther  own  privatt  interest  heerin,  doe  flatter  the  King ;  for, 
albeit  it  be  ingenously  acknowledged,  that  the  supreme  magistrate  may  in- 
dicte  a  synodef  when  he  thinkes  expedient,  yet  are  not  all  guiltye  of  trea- 
sone who  shall  necessarly  conveene  at  any  time  without  his  warrant;  for  then 
all  Christians,  for  the  first  three  hundred  yeares  after  Chryst,  should  have 

(1)  [See  above,  vol.  i.  p.  100—168.] 

*  Historia  Motuuna,  pag.  Ill,  et  seqq.  [See  also  Stevenson's  Hist,  of  the  Church  of 
Scut.,  vol.  ii.  p.  518 — 334.] 

t  See  the  qiicstione  of  the  power  of  calling  Synodes  handled,  and  all  that  is  heer  instanced 
for  it,  ansuered  by  Grotius,  Dc  Jure  Mayistratus  Circa  Res  Ecchsiasticas,  cap.  "mo. 


o  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A:  D.  1638.  been  traitors.  If  it  be  excepted  that  ther  is  a  disparitye  betuixt  ane  hea- 
thne  and  Christian  prince,  it  is  not  deneyed  but  ther  is  ;  and  that  therfor 
the  Christian  magistrat's  consent  ought  to  be  sought,  and  all  meanes  pos- 
sible used  for  obtaining  it.  But  what  if  he  refoose  to  asiste,  the  Churche 
being  in  daunger  ;  what  if  he  disdaine  or  neglecte  that  dutye  ;  what  if  he 
leave  off  to  doe  his  dutye  in  the  manifest  daunger  of  the  Churche;  must  the 
Churche  be  guiltye  of  trcasone  for  using  this  necessarye  meanes  for  obviat- 
ing eviljs  lycke  to  fall  upon  it  ?  Pan'a  sunt  non  apparere  et  non  esse  ;  et  error 
cut  non  resistitur  approhatur  ;  et  Veritas  cum  minime  clefensatur  opprimitur  ; 
negligere  imperium  cum  possis  deturhare  perversos  nihil  aliud  est  quam 
fovere,  dist.  83  canone  error.  Therfor  if  the  magistrate  be  willfully  wanting 
to  doe  his  dutye,  the  Churche  is  as  free  to  macke  use  of  its  owne  right,  as 
the  anciente  Christianes  wer.  Morover,  the  mor  sounde  papistes  doe  not 
give  so  much  power  to  the  Pope  in  calling  synods  (though  they  judge  him 
monarche  of  the  Churche)  as  the  bishopps  doe  give  to  the  Kinge.  See 
Antonius  de  Rosellis,  J.  V.  D.  in  Monarchia  parte  2da,  cap.  30.  et  parte  3a, 
cap.  3.  who  dyed  in  the  time  of  the  Emperor  Frederick  the  Third,  anno  1467. 
See  Antonius  de  Dominis,  [arch]  bishop  of  Spalato,  lib.  2.  de  Repub.  eccle- 
siast.  cap.  7,  num.  18. ;  Jacobus  Almainus,  a  Sorbonist  divyne,  who  lived 
anno  1.510:  Who  thinke  that  the  Churche  may  conveene  in  an  Assemblye 
(though  the  Pope  should  refoose  to  licence  it),  by  way  of  requisitione  or 
admonitione  denunciativly,  though  not  by  waye  [of]  authorisatione  and  prae- 
ceptivlye ;  and  the  reasone  and  fundatione  of  ther  opinione  they  laye,  because 
such  a  preiveleidge  and  right  belonges  to  the  Churche  by  divyne  right.  If 
thes  arguments  can  be  of  force  for  the  right  of  generall  councells  against 
the  Pope's  flatterers,  then  much  mor  they  must  be  concluding  for  the  right 
of  a  churche  in  convocating  nationall  synods,  as  being  mor  necessaire ; 
which  is  not  denyed  by  Dr.  Richard  Feeld,  though  he  wer  episcopall,  lib.  5. 
of  the  Church,  cap.  52.  Of  old,  the  primats  called  national  synods,  yet  we 
reade  not  that  they  gott  a  speciall  consent  from  the  magistrat  to  indicte 
eache  of  them ;  because  Emperors  and  Kinges  being  Christians,  are  sup- 
posed for  to  give  tacite  consente,  whilst  they  themselves  embrace  Christiane 
relligione,  and  give  freedom  to  their  subjectes  to  professe  it  publicklye  :  For 
principali  concesso,  accessoria  omnia  concessa  videntur,  sine  quibus  principale 
sartum  tectum  conservari  nequit.  Hence  the  learned  author,  m  his  Tractate 
for  Church  Libertye  in  Defence  of  the  Venetians  against  the  Pope,  sayes 
that  the    Emperors,  by  yeelding  liberty  to  Christians  by  ther  edictes,   to 


Ch.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  9 

professe  Christian  relligion  publicklye,  did  lyckwaye  give  them  libertye  for 
to  call  synodes  freelye ;  for  this  is  a  substantial!  and  absolutly  necessarye 
pairte  of  Christian  worshipp :  Therfor,  since  it  is  graunted  by  acte  of  Parlia- 
ment, anno  1592,  it  is  not  necessaire  to  be  alwayes  seeking  a  new  warrant 
from  the  King  for  that  ende.  But  the  bishops  instance  that,  albeit  it  wer 
so  of  old  in  the  Churche  of  Scottland,  yet  that  it  cannot  be  so  now,  without 
the  breach  of  standing  lawes;  for  in  the  Parliament  1592,  it  is  declared  that 
it  belonges  to  the  King  or  his  Commissioners  for  to  designe  the  tyme  and 
place  of  ane  Assemblye;  which  is  [confirmed]  in  the  Parhament,  anno  1G12. 
To  which  the  Assembly  ansuers  :  That  the  title  of  the  acte  of  Parliament 
1592,  is  a  ratificatione  of  the  libertyes  and  preiveleidges  of  the  trwe  Churche ; 
therfor,  albeit  that  acte  declare  that  it  is  the  King's  right,  or  his  Com- 
missioner's, to  designe  tyme  and  place,  yet  it  is  with  that  cautlone  if  he 
be  present ;  which  cautione  insinuates  that,  in  the  Kinge  or  his  Com- 
missioner's absence,  the  right  belonges  to  the  Clmrche  so  to  doe  ;  but  that 
thes  wordes  are  not  to  be  understoode  of  any  privative  right  competent  to 
the  Kinge,  as  if  it  were  left  to  his  arbitriment  to  indicte  or  not  indicte  a 
synode,  for  thus  that  acte  of  Parliament  should  contradicte  the  title  therof, 
and  this  wer  to  robbe  the  Church  of  its  right,  and  not  ratifie  its  rightes  and 
preiveleidges. 

Other  thinges  necessaire  to  be  spockne  concerning  this  subjecte,  the  As- 
sembly referres  to  a  particular  tractate,  published  upon  that  subjecte,  to 
whiche  they  sende  the  reader.  And  then  having  past  the  preface,  they  an- 
suer  the  exceptiones  against  the  Assembly  as  foUowes  : — 

First,  To  the  first  they  answer.  It  is  a  calumney,  as  the  dates  of  the  let- 
ters sent  for  that  pourpose  will  cleare ;  and  suppose  it  wer  so,  it  is  knowne 
that  if  ther  be  assuraunce  that  ane  Assemblye  is  to  meete,  that  it  is  very 
uswall  for  presbytryes  in  such  a  case  to  choose  ther  Commissioners  before 
the  day  bee  particularly  desitrned ;  and  that  the  bishopps  cannot  deney  this, 
if  they  will  but  remember  the  waye  of  choosing  Commissioners  to  the  As- 
sembly, at  St.  Andrews,  anno  1617. 

Second,  To  the  second  they  answer.  That  that  acte  of  Parliament,  3, 
Jac.  6,  1572,  is  proscrybed  and  out  of  use ;  that  the  cause  of  that  acte 
was,  that  some  wold  not  acknowledge  Jacobus  VI.  to  be  King  whilst  his 
mother  lived  ;  but  that  law  ceased  with  her  deathe.  Secondly,  If  this  ex- 
ceptione  render  the  members  of  the  Assembly  uncapable  to  vote,  then  the 
bishopps  themselves,   and  as  many  as  entred  into  the  ministry  after  her 


10  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

deathe,  would  doe  weall  to  purge  themselves  from  this  imputatione.  Thirdly, 
That  acte  does  not  concerne  all  ministers  in  generall,  hut  only  suche  who 
had  ecclesiasticall  titles  and  benefices.  Fourthly,  If  ther  be  any  omissione 
therof,  it  is  to  be  laide  upon  the  bishops  ther  negligence,  who  did  not 
cause  putt  that  acte  in  exeecutione  ;  but  it  is  not  to  be  charged  upon  minis- 
ters, except  it  proved  that  they  have  refoosed  it ;  which  cannot  be  objected 
to  any,  since  that  graduates  in  Universityes,  and  such  as  lately  subscrybed 
the  Confessione  of  Faithe,  have  willingly  tackne  that  oathe  of  fidelitye. 

Third,  To  the  third  they  ansuer,  That  they  would  never  have  refoosed 
the  subscriptione  to  the  Kinge's  Covenant,  if  another  sence  had  not  been 
putt  upon  it,  viz.  that  it  did  subsiste  with  all  innovationes  already  intro- 
duced, and  that  it  was  no  barrier  to  the  bringing  in  of  mor  ceremonyes  : 
therefor  they  are  not  to  be  holdne  for  rebells  to  the  Kinge's  commande,  till 
it  be  first  proved  that  ther  praedecessors  tooke  that  oathe  in  the  sence  that 
the  King  now  declares  it  to  be  tackne  in ;  and  that  all  subscribents  are  tyed 
to  follow  the  first  subscribents  meaning  is  cleare  by  the  acte  of  councell  in 
September,  1638. 

Fourth,  To  the  fourth,  Seing  that,  by  old  lawes,  not  only  bishopps,  but 
also  abbots  and  priors,  as  weall  as  they,  doe  macke  upp  the  third  estate  of 
Parliament,  it  must  follow  that  such  as  speacke  against  bishopps  can  be  no 
mor  guiltye  then  thoise  who  crye  downe  abbots  and  priors.  As  for  thes 
lawes,  whairby  bishopps  are  fully  restored  unto  ther  places  and  dignityes, 
specially  1584,  they  answer.  That  thes  ordinances  wer  repealed,  a7mo  1587, 
by  the  acte  of  annexatione  ;  and  in  place  of  bishopps  and  abbots,  the  small 
barrons,  comissioners  from  the  shyres,  wer  erected  into  a  third  estate, 
who  yet  sitt  in  Parliament,  and  out  amongst  whom  the  Lordes  of  the  Ar- 
ticles are  chossne  in  aeqwall  number  with  the  other  two  estates,  for  to  sup- 
ply the  defecte  of  the  ecclesiastickes,  who  wer  then  excluded  ;  nor  have  the 
Parliaments  which  followd  ever  tackne  away  that  right  fi'om  the  barrons. 
But,  albeit  it  be  confessed,  that  the  bishopps  alone  doe  macke  upp  the 
third  estate,  shall  therfor  such  be  accounted  guilty  of  treasone  who  doe 
challendge  the  bishops  faultes,  and  saye  that  bishopps  are  lyable  to  be  cen- 
sured in  Assembly es?  which  was  confessed  at  Glasgow  Assembly e,  1610, 
by  themselves,  and  is  declared  by  the  King  that  they  are  lyable  to  Assem- 
bly es  by  his  proclamatione,  in  September,  1638.  Are  episcopacy e  and  the 
bishopps  faultes  [so]  inseparable,  that  bishopps  must  not  be  censured,  least  ther 
dignitv  be  woronged,  and  [ifj  which  some  still  crye  out,  that  ministers  vices 


Cu.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  11 

ought  to  be  distinguished  from  ther  office,  why  doe  they  confounde  these    A.  D.  1638. 
thinges  heer  ?     That  which  troubles  them  most  is,  that  God's  faithfull  ser- 
vauntes  ar  no  mor  affrighted  with  the  buggbeare  of  the  episcopall  hierarchy, 
but  doe  call  a  spade  a  spade. 

Fifth,  To  the  fifth,  that  presbytryes  have  forfeitted  ther  right  of  electione 
of  Commissioners,  or  sending  them  to  the  Assembly,  because  they  have  de- 
pryved  ther  moderators  who  wer  appoynted  by  the  bishopps,  acording  to 
the  actes  of  the  Assembly  at  Glasgow,  1610,  they  ansuer.  That,  in  that 
very  pretended  Assembly,  it  was  expressly  provyded,  that  ther  should  be 
yearly  Generall  Assemblyes  holdne ;  therfor,  since  this  was  not  performed,  the 
bishopps  have  forfitted  that  concessione :  That  thes  actes  appoynt  bishopps  to 
desygne  moderators  in  provincialls,  with  consent  of  presbytryes  present ; 
which,  since  they  did  it  not,  it  was  cleare  that  the  presbytryes  wer  in  ther 
oune  place  againe,  except  the  bishopps  can  prove  that  the  moderators  are 
designed  at  the  provinciall  synods  ;  which  will  not  be  gottne  done.  Secondly, 
Many  of  thes  moderators  have  willingly  dimitted  ther  functiones,  in  which 
case  it  is  laufuU  for  presbytryes,  by  the  acte  of  that  Assembly,  to  choose 
new  ones;  others,  chosne  by  the  bishopps,  are  yet  keeping  ther  places. 
Finally,  albeit  presbytryes  had  turned  out  all  such  moderators,  no  man  can 
justly  conclude  from  thence  that  presbytryes  have  no  power  nor  preiveleidge, 
but  aO  to  be  forfeitt :  the  farrest  that  can  be  concluded  is,  that  they  are 
answerable  for  the  breach  of  the  actes  of  Generall  Assemblye. 

Sixth,  To  the  sixth,  that  laicke  elders  asisted  at  the  electiones,  etc.  [they] 
ansuer.  Since  that  gentlemen  from  the  Reformatione  doe  asiste  in  church 
sessiones,  who  can  thinke  it  absurde  that  they  asiste  ministers  in  presby- 
tryes? which  is  [not  only]  the  practise  of  the  Churches  reformed  in  Holland 
and  Fraunce,  but  enacted  in  this  churche  ;  see  Second  Book  of  Discipline, 
oftne  to  this  pourpose  ;  and  General  Assembly,  1582,  ordaines  ministers  to 
reqwyre  elders  to  keepe  presbytryes  specially  in  matters  of  concernement, 
amongst  which  choise  of  comissioners  to  Generall  Assemblyes  is  a  maine 
one.  The  Assembly  at  Dundee,  1597,  appoyntes  the  number  of  ministers  and 
elders  to  be  sent  from  presbytryes  to  synodes,  presbytryes  then  being  made 
upp  of  bothe ;  so  that  without  ther  advyce  nothing  was  done  in  the  Churche ; 
see  Ambrose,  1st  ep.  to  Timothee  [cap.  5.].  If  ruling  elders  are  worne 
out  of  use,  after  so  many  actes  for  them,  such  as  have  aimed  at  bishoprickes 
are  to  be  blamed  for  it,  who  looked  upon  them  as  ther  only  remora  ;  yet  a 
few  yeares  intermissione  ought  not  to  prescrybe  Churche  canones  received 


12  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

and  approvne,  since  no  acte  of  Assembly  can  be  Instanced  wherin  they  are 
abolished.  Now  it  being  dangerouse  for  any  one  to  passe  from  his  right  and 
power  in  divyne  matters,  and  since  the  Second  Booke  of  Policye  declares 
the  office  of  ruling  elders  to  be  agreable  to  God's  worde ;  ther  is  no  reason 
to  upbraide  them  with  the  cloathing  themselves  with  that  which  is  ther  right, 
for  preventing  the  present  hurt  offered  to  relligione. 

Seventh,  To  the  seventh,  Since  they  name  no  minister,  who,  by  tri- 
bunitian  sermons,  has  stirrd  up  the  people  to  rebellione,  nor  any  presbytrye 
sending  ther  commissioners,  nor  any  synod  to  whom  they  are  sent  knowes 
any  suche,  all  this  is  to  be  holdne  for  a  calumney  ;  nor  doe  they  think  that 
the  bishops  would  conceale  such,  if  they  knew  ther  names  whom  they  slander 
with  treasone  and  schisme  at  evry  worde ;  but  generalls  are  deceitfulle. 

Eighth,  To  the  eighth  we  ansuer,  That  such  ministers  are  not  to  be  ac- 
counted shismatickes,  because  they  have  opposed  episcopall  tyrantes  (and 
modestly  too),  who  wer  obtruding  upon  the  Churche  the  dregges  of  poperye  ; 
nor  yet  perjurd  ministers,  if  they  tooke  not  that  ungodly  unwarranted  oath 
which  the  bishopps  constrained  many  to  sweare,  who  neither  knew  the 
Churche  constitutiones  nor  the  bishopps  designes,  who  wer  corrupting  all 
puritye.  Sure  it  is  that,  without  perjury e,  it  was  ever  laufull  in  sinefull  pro- 
mises for  to  breacke  [faith].  As  for  the  oathe  of  intrantes,  it  wanted  both 
truth  in  the  matter  sworne,  and  justice  in  the  cause  of  the  swearing  it :  Jus- 
tice in  the  cause,  because  it  was  obtruded  for  the  establishment  of  episcopal 
tyrannye  in  the  Churche,  which  is  now  evident,  albeit  at  first  it  was  not  so, 
and  consequently  at  this  tyme  frees  all  from  perjurye,  specially,  that  oath  hav- 
ing been  concerning  things  indifferent  (as  the  bishopps  confesse)  which  come 
to  be  removed  when  they  hinder  a  greater  good,  without  respect  to  ane  oathe, 
least  the  bonde  of  pietye  be  the  hinderaunce  of  godlinesse :  Next,  that  the 
oath  wanted  the  truth,  in  the  matter  sworne,  viz.  the  laufullnesse  of  the 
Assembly  of  Pearthe,  and  the  five  articles  ther  obtruded,  together  with 
diocesene  episcopacye  and  its  appendices,  consistent  with  the  first  esta- 
blished discipline  of  the  Churche ;  albeit  many  thought  it  so,  being  deceived 
by  invincible  ignorance,  yet  now  the  productione  of  the  authenticke  regis- 
ters of  the  Churche  has  aboundantly  cleared  the  contrarye:  Morover  this 
oathe  tackne  praejudgeth  the  oathe  tackne  laufullye  by  all  ministers,  in  ther 
fathers'  persones,  and  by  themselves,  whilst  theye  tooke  degrees  in  Universi- 
tyes :  Therfor,  since  such  rash  oathes  bynde  not,  the  ministers  who  breacke 
them  are  not  to  be  holdne  for  perjured  ;  for  justice  breackes  unjust  bondes. 


Cn.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  13 

But  what  if  this  objection  macke  against  thebishopps  themselves,  Who  dare  A.  D.  1638. 
not  deny  but  that  they  have  brockne  the  cautions  to  wliich  they  wer  bounde 
by  oathe  at  ther  inauguratione  to  ther  bishoprickes,  by  the  acte  [of]  Assem- 
bly at  3Iontrose,  anno  1600,  which  notwithstanding  then,  whither  English  or 
Popish,  they  abjured  by  oathes,  and  which  scarce  will  be  beleeved  except 
ther  main  man  had  printed  it :  They  confesse  that  they  swore  to  observe 
some  of  thes  cautiones  for  a  tyme,  rather  then  with  a  designe  to  observe  them 
continwallye  therafter ;  a  chinke  through  which  heathnes  would  be  ashamed 
to  macke  an  escape,  who  abhorred  that  of  the  poet,  Juravi  lingua,  mentem 
injuratam  gero.  As  for  thes  four  commissioners,  who  are  alledged  to  be 
fledde  ft-om  the  censures  of  the  Churche  of  Irelande  (for  ther  are  but  four  of 
them  at  most),  it  is  ansuered.  They  are  Scottish  by  birth,  and  by  professione 
ministers  of  the  Churche  of  Scottlande  ;  ther  cryme  was  only  because  that, 
adhering  to  the  simplic'.tye  of  the  rytes  of  the  Churche  of  Scottlande,  they 
could  neither  be  wonne  by  force  nor  allurmentes  for  to  confesse  that  the 
Enalish  Hierarchy  and  Service  Booke  wer  altogether  agreable  to  the  worde 
of  God :  So  that  albeit  they  were  censurable  in  Ireland  upon  that  accompt, 
yet  was  not  the  Churche  of  Scottland  tyed  to  acknowledge  ther  censures, 
since  it  did  mantaine  paritye  of  pastores,  and  lyckwayes  did  owne  a  mor  pure 
simple  forme  of  discipline  :  Furder,  it  did  acknowledge  such  as  wer  called 
to  the  ministrye  laufuUy  to  be  laufull  ministers,  since  that  censure  did  not 
bynde  any  without  Irelande.  As  for  the  ministers  within  the  Church  of 
Scottland  whom  the  bishopps  affirme  to  bee  lyable  to  censures,  and  under 
processe,  it  is  ansuered.  They  know  none  such,  except  they  meane  the  High 
Commission,  which  is  an  unlaufuU  judicatory,  and  sett  upp  from  its  originall 
for  to  silence  faithfull  ministers ;  and  it  is  trwe  which  Gelasius  sayes,  causa 
11.  quest.  3.,  Apud  Deum  et  ejus  ecclesiam  neminem  potest  gravare  injusta 
sententia :  ita  ergo  ea  se  nan  ahsolvi  desideret,  quia  se  nullatenus  perspicit 
ohligatitm.  Lastly,  they  saye,  that  ther  needes  some  solide  proofe  to  macke 
out  that  which  the  bishopps  affirme,  that  all  the  ministry  of  the  Assembly 
deserve  deposition,  it  being  a  bloody  sentence ;  that  the  bishops  did  ca- 
lumniate boldly,  knowing  that  somewhat  still  would  sticke. 

Ninth,  To  the  ninth,  that  laicke  elders  are  admitted  to  a  definitive  voice 
in  the  Assembly,  they  ansuer,  First,  That  such  ought  not  to  be  called 
laickes  ;  for  the  Bookes  of  Discipline  calle  them  churchmen  :  and  justly  are 
they  called  clerici,  though  chossne  out  amongst  the  people,  for  a  calling  to 
any  ecclesiasticke  function  makes  men  clericos,  if  so  be  that  Gratian  speacke 


14  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

truthe,  (list.  21.  cap.  Cleros,  ex  Isidoro,  et  causa  12  q.  1.  cap.,  duo  sunt  ge- 
nera, he  proves  out  of  Hierom,  Clericos  sic  dictos  quia  sorte  electi  sunt,  ut  in 
Christi  ecclesia  deserviant :  and  [if]  they  are  to  be  esteemed  laickes  when 
they  receede  from  ther  charge,  that  they  ought  not  to  be  called  laickes 
whilst  they  beare  ane  ecclesiasticke  functione  and  a  publicke  charge.  Se- 
cond, This  exceptione  admitted,  destroys  all  the  Synods  holdne  in  Scottland 
since  the  Reformatione,  not  excepting  the  corrupt  Episcopall  Assemblyes, 
wher  still  some  elders  had  voice  ;  this  will  anull  all  Assemblyes  of  the 
Churche  over  sea ;  this  assertion  is  censurable  in  the  bishopps,  though 
nothing  else  wer  to  be  objected  to  them  :  nor  will  it  be  a  retreate  to  them  to 
saye  "  that  such  laickes  as  are  delegated  by  the  supreme  magistrate  have 
power  of  a  definitive  suffi-age :"  for  thus  they  robbe  the  Churche  of  its  right, 
which  ever  sent  such  as  it  best  pleased ;  that  this  was  knowne  in  the  pri- 
mitive Churche,  whose  practise  the  Churche  of  Scottland  has  followed,  in 
which  laickes  (as  they  contemptibly  call  them)  were  still  commissionate,  and 
that  by  express  acte  of  the  Assembly  at  Dundee,  1597,  wher  both  ther 
number  is  defynd,  and  lyckwayes  it  is  declared  that  presbytryes  have  power 
to  send  them,  and  to  elect  them  also :  That  of  old  godly  princes  thought 
it  eneuch  to  admonish  Churches  whom  they  should  sende,  but  the  nomina- 
tione  of  such  they  left  to  the  Churche,  who  had  the  right,  as  they  knew. 
To  thes  wordes  of  the  Councell  of  Calcedon,  Mitte  foras  superjluos,  to 
such,  as  Whittacker's  ansuer  is  not  satisfactorye  (that  thes  superjiui  wer  the 
clergymen,  monkes,  and  laickes,  who  favoured  Entiches,  whom  they 
thought  fitt  to  exclude,  for  shunning  of  tumultes,  since  they  had  laufuU  dele- 
gatione  from  none)  ;  if  they  by  thes  meane  the  gentrye  and  nobles  sitting  in 
the  Assembly,  then  they  putt  an  unsufferable  efi'ront  upon  men  of  honour : 
If  this  ansuer  doe  not  please  them,  then  lett  the  bishopps  be  content  to  heare 
Matthew  Sutlive,  an  episcopall  man  for  them,  de  concil.  lib.  1.  cap.  34.  who 
retortes  this  argument  upon  Bellarmine,  who  therby  would  debarre  laickes 
from  the  Synodes:  "  That  thes  wordes  are  not  the  wordes  of  the  Fathers 
of  the  Councell  of  Chalcedon,  but  that  Dioscorus  and  the  ^■Egyptians,  fa- 
vourers of  heretickes,  did  so  crye  out.  Thus,"  says  he,  "  whilst  Bellarmine 
can  fynde  no  safe  subterfuge  amongst  the  testimoneyes  of  orthodoxes,  he  is 
constrained  to  flee  to  the  heretickes,  and  to  seek  their  asistance  :"  So  doe 
the  bishopps  beer,  to  whom  they  doe  not  grudge  this  passage.  To  Theo- 
dosius  the  younger  his  wordes,  they  ansuer.  If  it  be  tackne  strictly  what  he 
spocke,  it  is  hard  for  to  defende  the  supreme  magistrate  his  definitive  voice, 


Ch.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS. 


15 


against  papistes,  who  macke  use  of  this  passage  against  his  power  in  Church 
matters ;  or  how  will  ministers  be  proved  to  have  power  to  vote  contrare  to 
papalls,  who  deney  it  to  them  upon  this  acoompt  ?  for  bishopps  will  sweare 
that  presbyters  are  not  in  the  order  of  the  most  holy  bishopps,  nor  will 
Athanasius  be  spared ;  who,  at  the  Council  of  Neece,  had  a  hande  in  the 
transactiones  against  Arrius,  then  befor  he  was  a  bishopp.  [And  what  if 
Theodosius  did  meddle  in  the  atfairs  of  that  Councell  of  Ephesus  ?]  Will  that 
or  will  not  that  voide  all  the  actes  of  that  Councell  ?  But,  albeit  he  was  not 
present,  yet  he  sent  Candidianus,  who  did  acqwaynt  the  Emperor  with  all 
thinges :  Wherfor  Whittacker  thinkes  this  to  be  fained,  since  it  is  not  to  be 
founde  in  the  old  coppyes,  and  because  it  is  apparent  in  itselfe  to  be  false. 
Lastly,  Thes  thinges  are  saide  to  be  ill  translated  out  of  the  Greeke ;  for 
To»  "ilu  tea  xoL-rxxiyau  rZi  WitKCTM,  should  be  rendered  eorum  qui  sunt  extra  cata- 
logum  episcoporum,  and  not  eorum  qui  non  sunt  in  ordine  episcoporum  :  so 
the  sence  is  that  they  only  wer  to  vote  who  had  comissione,  as  also  such  as 
war  reported  by  the  bishopps  out  of  the  letters  of  publicke  authoritye  which 
they  used  to  present,  as  Junius  does  weall  observe.  To  the  commande  of 
the  Empresse  Pulcheria  they  ansuer.  That  it  was  very  just,  being  that  such 
as  she  commanded  to  be  thrust  out  did  intrude  themselves,  and  carry  very 
uncivilly,  without  any  comissione ;  the  which  cannot  be  applyed  to  the 
ruling  elders  sent  to  this  Synode :  To  which  may  be  rejoynd,  that  ther 
wer  laickes  at  the  Councell  of  Calcedon,  without  delegatione  from  the  Em- 
peror, whom  the  bishops  did  bringe  alonge  with  themselves ;  it  was 
graunted  to  thes  to  be  present,  which  is  deneyd  to  others ;  but  to  what 
pourpose  wer  they  present,  if  they  had  no  vote  ?  Lastli/,  To  that  of  Mar- 
tinus,  the  Archimandrite,  they  ansuer,  that  he  refused  to  subscrybe, 
putting  it  over  upon  the  bishopps,  because  he  favoured  Eutiches,  the 
hereticke,  who  was  condemned  by  the  Councell.  They  say  furder.  That  by 
this  instance  it  is  probable  that,  in  the  tyme  of  the  Councell  of  Calcedone, 
that  others  besydes  the  clergye  should  have  a  definitive  voice  in  Synodes : 
otherwayes,  why  should  the  Synod  have  reqwyred  the  subscriptione  of  one 
who  was  abbot  of  a  society  of  monkes  ?  For  Hierom  sayes,  alia  est  mona- 
chorum  causa  alia  clericorum  ;  clerici  oves  pascunt,  ego  pascor ;  and,  in 
another  place,  he  sayes,  monachus  tion  docentis,  sed  plangentis  habet  ojfficium: 
Nay,  and  the  very  Councell  of  Chalcedone  did  decreet  that  monkes  should 
not  meddle  with  the  office  of  churchmen  ;  because  they  wer  laickes,  and 
inferior  to  deacons  and  other  ministers  of  the  Churche  :    But  albeit  all  thes 


16 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 


A.  D.  1638.  wer  graunted  to  be  as  the  bishopps  would  have  it,  yet  it  will  not  follow 
thence  that  the  Assembly  is  null,  because  the  questione  is  not  now  if  the 
Assembly  should  be  constitute  as  it  was  in  thes  corrupt  tymes  of  the 
Churche,  but  if  ruling  elders  can  consiste  with  the  discipline  of  the  Churche 
of  Scottlande  :  The  bishopps  objectiones  to  the  contrary  are  all  borrowd 
from  Romanistes,  to  whom  the  doctors  of  the  Reformed  Churche  ansuer 
fuUye,  so  that  it  is  a  shame  for  the  bishopps  to  disowne  the  protestantes, 
and  with  papalls  to  affirme  that  only  churchmen  have  decisive  voice  in  Synod. 
Are  ther  not  amongst  the  people  who  are  able  ?  Have  they  not  concerne- 
ment  in  opposing  errors  of  the  Churche  ?  Shall  they  be  debarred,  because 
they  are  laickes  ?  This  will  exclude  evne  the  supreme  magistrate,  and  his 
delegates,  to  whom  the  bishopps  doe  yeeld  a  definitive  voice. 

But  because  the  bishopps  bragge  that  Scripture  and  antiquitye  are  for 
them,  it  shall  be  seene  that  Scripture  and  antiquitye  are  not  wantinge  for  that 
elders  be  caOed  to  voice  who  have  giftes  and  a  calling  so  to  doe.  Instance 
Actes  [chapter]  xv.  verse  4  ;  to  what  pourpose  is  the  questione  brought  to  all 
the  churche,  if  all  had  not  interest  in  giving  sentence  ?  See  verse  7  ;  et  verse 
12,  [which]  proves  that  others  spocke  besyde  the  apostles  and  presbyters; 
and  verse  22,  "  Then  pleased  it  the  apostles  and  elders,  with  the  whole  churche, 
to  send  chossne  men  of  ther  own  companie  to  Antioche :"  the  word  tS»|£  is 
[as]  weall  applyable  to  laickes,  as  to  the  apostles  and  elders,  and  implyes  a 
definitive  voice :  verse  23,  the  synodicke  letters  wer  sent  in  the  name  of 
the  apostles,  elders,  and  brethren  ;  therfor  it  foUowes  that  the  people  gave 
sentence  and  subscrybed ;  now,  subscriptiones  are  most  certaine  proofs  of  a 
definitive  voice :  Againe,  verses  25th  and  28th,  "  it  seemed  good  unto  us," 
is  [repeated]  ;  out  of  which  testimoneyes  Ludovicke,  Cardinal  of  Aries,  in  the 
Synod  of  Basile,  collectethe,  That  others  besydes  bishopps  had  a  definitive 
voice  in  the  Synode.  Any  that  would  see  the  viudicatione  of  this  place 
against  the  papalls,  lett  them  reade  all  our  doctors  who  have  wryttne  therof 
and  of  Synods,  against  the  papistes.  Reason  lyckwayes  proves  it :  for 
being  that  a  Synode  ought  to  consiste  of  a  representative  of  all  the  Churche 
of  that  natione,  it  must  follow  that  it  ought  to  consiste  of  all  sortes,  and 
orders,  and  degrees  of  men,  quia  quod  ad  omnes  pertinet,  Jirmum  esse 
non  potest  sine  consensu  omnium :  et  quod  omnes  tangit  ah  omnibus  trac- 
tari  et  approbari  debet :  which,  to  this  pourpose,  is  citted  by  Jewell,  as 
a  canon  confirmed  by  Theodosius  in  the  Councell  of  Calcedone  :  which  Dr. 
Feild  sales  is  founded  in  nature  and  reasone.     But  thinges  to  be  handled 


Ch.   XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS  17 

in  SjTiodes  pertaine  to  all ;  and  laickes  as  weall  as  clergyemen  are  citti- 
zens  of  the  churche,  to  whom  God  oftne  tymes  gives  the  gifte  of  inter- 
pretatione  in  as  great  measure,  and  oftne  in  a  greater  then  to  ministers ; 
which,  since  it  is  givne  for  the  good  of  the  whole  churche,  it  is  very  un- 
juste  for  to  hyde  ther  talent  under  a  bushell.  Now,  what  place  is  meeter 
for  the  exercise  of  this  gifte  then  a  Synode  ?  whoise  judgement  is  not 
authoritative  but  inquisitive  and  bynding,  by  reasone  of  the  proofe  brought 
from  God's  worde.  Now,  if  authoritye  may  be  competent  as  weall  to  laickes 
as  to  the  clergye,  and  is  givne  unto  them  by  publicke  comissione,  who  ought 
for  to  qwarell  with  ther  being  present  at  Synodes  ?  And  if  any  thinke  that 
thes  giftes  are  only  competent  to  bishopps,  let  him  remember  the  heavy 
complainte  of  Gregory  Nazianzene  against  the  bishops  of  his  tyme,  Qui 
licet  rustici,  idiotae,  ilUterati,  nulla  sacrarum  literarum  scientia  praediti,  nee 
in  rebus  sacris  e.rercitati,  in  Si/nodis  tamen  ausi  fuerint  judicium  ferre. 
Therfor,  Spalato  says  (lib.  7.  cap.  3)  that  Nazianzen  did  justly  distaste 
thes  Synods ;  lyckwayes  Marsilius  Patavinus  (def.  pacis,  parte  2da,  cap.  9.) 
observes  of  the  greater  and  lesser  clergye  of  his  tyme,  Et  deo  teste,  (sayes 
he)  et  Jidelium  mnltitudine,  sacerdotes  plurinios  abbates  et  prelatos  quosdam 
me  vidisse  Sf  audiisse  memini  adeo  diminutos,  ut  nee  grammatice  qiddem 
congruum  scirent  proferre  sermonern,  ideoque  suadet  generate  concilium,  per 
non  sacerdotes  integrari ;  having  for  to  prove  that,  brought  the  example 
of  the  Apostles,  and  Isidorus  his  authoritye.  Therfor  they  looke  ill  to  the 
good  of  the  churche  who  sleight  the  learndest  of  the  laitye  and  tacke  in  the 
ignorant  amongst  the  clergye  ;  see  Spalat.  [de  repub.  ecclesiast.]  lib.  7, 
cap.  3.  The  practise  of  the  primitive  churche,  [even]  after  the  episcopall 
ambitione  prevailed,  will  be  founde  frequent  eneuch  this  waye,  and  such  ex- 
presse  footestepps  of  this  custome  that  they  cannot  be  blotted  out :  Theo- 
doret,  bishop  of  Cyrus,  epist.  81,  desyres  a  Synode  which  may  consiste  not 
of  bishopps  alone,  but  of  judges  and  others,  eminent  in  dignity e  and  skillful 
of  divyne  matters.  Marsilius  Patavinus,  ubi  supra,  cittes  Isidorus  Merca- 
tor  his  sentence,  and  approves  it,  which  runnes  thus,  Deinde  ingrediantur 
et  Laid,  qui  electione  Concilii  interesse  meruerunt :  much  mor,  then  (sayes 
Marsilius),  scollers  and  skilled  in  divinitye,  albeit  they  be  not  priests.  The 
canons  of  the  [second]  Councell  of  Orange  wer  subscrybed  by  illustriouse 
men  of  remarke,  Magdeburg.  Cent.  5.  cap.  9.  At  the  Councell  of  Colonia 
Agrippina,  Coline,  887,  laickes  wer  present,  by  whoise  consent  the  canons 
of  that  Councell  wer  published.     At  the    Councell  of  Metis,    [Concilium] 


18  HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 

Metense,  under  Arnulphus,  several!  earles  (or  comites)  wer  present,  noble- 
men and  other  laickes,  fearing  God.  In  the  beginning  of  the  first  chapter 
the  fathers  saye  thus  :  Episcopi,  presbi/teri  et  fideles  Laid  qui  ante  nos 
fuertint,  juxta  sacram  carionum  authoritatem  saepius  in  Christi  nomine  con- 
venientes,  justitiam  Dei  statuerunt,  et  idcirco  suis  diebus  pacem  habuerunt : 
see  Spalato,  ubi  supra,  for  mor  of  this.  The  author  of  the  Review  of  the 
Councell  of  Trent,  albeit  a  papiste,  yet,  lib.  1.  cap.  8.,  sayes,  Ab  omni  sae- 
culo  post  receptam  Christiani  nominis  professionem,  laicis  suffragium  defini- 
tivum  competivisse  in  conciliis :  to  prove  this  he  cittes  Actes  xv.  2.3,  and 
many  Frensh  and  Spanish  Synodes.  At  the  Councell  of  Constance  wer 
present  twenty-four  dukes,  one  hundred  and  forty  earles  (or  comites)  and 
many  commissionat  from  cittyes  and  universityes,  doctors,  and  professors  of 
the  law,  all  of  them  laickes.  A  greater  number  of  laickes  wer  present  at  the 
[first]  Councell  of  Pisa.  If  Cyprian's  tymes  be  looked  unto,  it  will  be  founde 
that  not  only  bishopps  and  presbyters  wer  present  at  Councells,  but  all  the 
people  also,  or  the  greatest  pairt  therof.  Lastly,  As  Sutlivius,  an  episcopall 
man,  says,  de  concil.  lib.  1,  cap.  8.  [parag  ult.],  Nulla  lege  aut  consuetu- 
dine,  vel  principes  et  docti  viri  a  suffragiis  decisiois  in  coiicilio  excluduntur, 
neque  aliquid  contra  eos  investigari  poterit,  licet  omnes  angulos  perreptet 
Bellarminus,  or  any  who  have  after  him,  or  will  undertacke  the  defence  of 
so  desperat  a  cause :  Therfor,  since  thes  authors  testifie  that  such  as  are 
meerlye  laickes  have  had,  and  may,  and  ought  to  have,  a  definitive  voice  in 
anye  councell,  evne  in  generall  councells,  by  what  law  can  thoise  be  re- 
foosed  it  who  are  elders  in  churches  ?  who,  by  reasone  of  ther  office,  are  to 
be  joyned  to  churche  men,  and  reockned  to  be  suche,  and  not  at  evry  third 
worde,  by  way  of  derisione  and  contempt,  to  be  called  laickes :  The  prac- 
tise of  the  Reformed  Churches,  who  all  runne  this  way,  and  ther  doctors 
should  not  be  sleighted  :  or,  if  any  disdainfully  will  rejecte  them,  lett  him 
heare  that  of  Augustine,  Qui  contemjjta  veritate  praesumit  consuetudinem 
sequi,  aut  circa  Jratres  invidus  est  et  malignus  quibus  Veritas  revelatur,  aut 
circa  Deum  ingrafus  cujus  inspiratione  ecclesia  instruittir. 

Tenth,  To  the  tenth,  that  the  Assemblye  is  pairtye,  looke  for  ansuer  to 
the  dispute  betuixt  the  moderator  and  Doctor  Bacanquell,  session  seventh,('> 
and  adde  as  follows  :  Since  the  bishopps  declyne  the  Assembly  as  pairtye, 
why  doe  they  call  themselves  members  of  the  Churche  of  Scottlande  ?  since 

(1)  [See  above,  vol.  i.,  p.  175 — 178.] 


Ch.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  19 

the  SjTiod,  by  the  commissioners  from  churches,  representeth  all  and  evry  A.  D.  1638. 
one  of  the  Scottish  churches ;  so  they  cannot  be  members  of  it  who  cast  all 
and  evry  one  as  pairtye.  Secondli/,  Since  the  Nationall  Assembly  is  the 
supreme  churche  judicatorye,  and  has  power  to  decyde  all  churche  contro- 
versyes,  it  cannot  be  declyned,  saye  the  divynes  of  Great  Brittaine,  in  the 
Synod  of  Dorte,  annis  1618,  1619:  Nor  are  any  exceptiones  to  be  hearde 
against  it,  which  is  the  highest  judge.  Thirdhj,  Albeit  the  comissioners  of 
the  Assembly,  befor  its  indictione,  did  praecondemne  thes  thinges  that  wer 
to  be  disputed  in  the  Assemblye,  they  did  but  that  which  was  ther  diitye ; 
adhering  to  the  doctrine  and  discipline  first  established,  they  opposed  them- 
selves, according  to  ther  charge,  to  such  as  wer  corrupting  botbe,  which  be- 
longeth  to  all  ministers  :  all  this  will  be  no  hinderaunce  but  any  thing  can 
be  brought  against  them  by  the  bishopps  out  of  God's  worde,  for  they  are 
willing  to  embrace  that,  and  chaunge  their  opinione.  Fourthly,  It  cannot 
be  proved  that  anything  has  been  privatly  condemned  by  any  commissioners 
which  was  not  befor  condemned  by  the  Churche  of  Scottlande,  as  they  are 
ready  to  demonstrate:  As  for  episcopacy,  they  did  not  praecondemne  it, 
but  referred  it  to  the  Assembly  to  be  judged  whither  it  ought  to  be  looked 
upon  as  one  of  the  corruptiones  of  the  discipline  of  the  Churche  of  Scott- 
lande :  For  the  five  Articles  of  Pearthe,  they  did  not  simply  then  abjure,  but 
only  did  promise  for  to  abstaine  from  the  practise  therof  till  the  synod  should 
declare  whither  they  wer  to  be  accounted  amongst  the  errors  condemned 
in  the  Nationall  Confessione.  Nor  is  the  instance  concerning  the  Reformers 
declyning  the  Councell  of  Trent  to  any  pourpose ;  for  as  ther  is  such  a  dis- 
paritye  betuixt  the  two  Assemblyes  themselves,  that  any  protestant  may  be 
ashamed  to  paralell  the  two  together,  wherin  bishopps  wer  judges,  the  popes 
slaves,  the  popes  will  the  rule  of  ther  decisione,  to  gratifie  whom  all  wer 
sworne,  which  was  so  relligiouslye  observed  by  them,  that  they  durst  not 
give  ther  definitive  voice  in  the  lightest  matters,  till  it  was  sent  in  a  cloak- 
bagg  from  Rome  to  Trent :  Ther  is  lyckwayes  a  disparitye  betuixt  the 
first  Reformers  and  thes  bishopps  ;  for  the  Reformers  disclaimed  union  to  the 
Churche  of  Rome,  having  abjured  it  as  Anti-Christiane ;  as  for  the  bis- 
hopps, they  doe  professe  themselves  to  be  members  of  this  churche  ;  Ther- 
for  if  the  bishopps  follow  ther  example,  they  must  renounce  our  communion : 
And  refusall  of  some  Fathers  to  be  present  at  the  xuo-Tj/^a;;  Synodis,  is  ill  ap- 
plyed  by  the  bishopps  to  a  just  refusall  by  them  to  be  scene  at  this  Assem- 
blye ;  since  they  are  citted  for  to  purge  themselves  of  crymes  laid  to  ther 


20  HISTORY  OF  SCOTS  AFFAIRS.  [B.  HI. 

A.  D.  1638.  charge.  To  what  they  say,  that  the  judges  are  pairty,  it  is  answered,  That 
the  cause  for  which  the  bishopps  are  cited,  concernes  not  the  ministrye 
alone,  but  the  whole  Churche  ;  and  the  bishopps  did  agree,  anno  KiOO,  that 
they  should  be  answerable  to  the  censure  of  annwall  Generall  Asseinblyes, 
in  case  they  transgressed  the  cautiones  prescrybed  to  them  :  Therfor,  since 
by  agreement  it  is  appoyntcd  that  the  pairty  offended  shall  lyckwayes  be 
judge,  that  exceptione  is  frivolouse. 

Eleventh,  To  the  eleventh,  concerning  that  hatred  which  the  members  of 
the  Assembly  beare  to  the  bishopps.  It  should  be  proved.  The  renewing  of 
the  Covenant  they  confesse,  but  not  out  of  hatred  to  the  bishopps,  or  to 
hurt  them  (or  any  man),  if  they  be  free  from  the  challendge  laide  against 
them  by  ther  Covenant :  they  show  ther  hate  against  the  faultes,  not  the 
persones  of  men.  As  to  that  lybell  wherby  the  bishopps  wer  citted,  which 
they  instance  as  an  unquestionable  proofe  of  ther  hate,  it  is  answered,  That 
the  lybell  contained  two  sortes  of  crymes  ;  first  of  thes  about  which  ther  was 
fama  clamosa  and  publicise  scandall ;  second  sort  wer  so  notoriouse,  that  it 
was  questioned  whither  in  a  cause  so  notoriouse,  wittnesses  wer  needfull  or 
not ;  and  if  any  double,  he  may  be  easily  cleared  by  an  over  reading  of  the 
lybell.  Some  of  ther  personall  faultes  wer  so  clearly  proved,  that  the  As- 
sembly was  ashamed  for  to  insiste  in  the  enquery  any  longer.  Some  of  thes 
crymes  objected  wer  not  proved,  pairtly  for  want  of  tynie,  and  pairtly  by 
reasone  of  the  wittnesses  ther  absence,  and  not  as  if  our  consciences  did  witt- 
nesse  ther  innocency.  If  the  bishopps  desyre  to  have  thes  thinges  proved, 
they  may  for  us  ;  but  it  is  to  be  feared  that  they  shall  fall  under  the  ac- 
cusatione.  But  they  say,  why  was  that  lybell  reade  publickly  in  all  the 
churches  of  the  kyngdome  ?  Ansuer,  not  for  to  proclalme  ther  crymes,  but 
because  this  was  the  surest  and  the  only  way  left  for  citatione,  being  that 
the  King's  Comissioner  refoosed  to  graunte  processe  against  them,  that  so 
for  want  of  citatione  they  might  escape  censure.  Nor  need  they  heere  to 
crye  out  against  wante  of  charitye  ;  for  charitye  that  is  discreet  so  covers 
sinnes  that  it  does  leave  its  own  place  to  justice,  which  commandes  to  rebuke 
openly  such  as  sinne  openlye ;  and  none  doubles  but  the  safety  of  the 
Churche  ought  to  be  mor  regarded  then  the  fame  or  reputatione  of  incen- 
diars  and  seducers.  As  for  the  precept  of  the  apostle,  not  to  rebuke  an 
elder,  etc.  it  meanes  an  oulder  in  yeares ;  otherwayes  such  as  sinne  pub- 
lickly must  be  publickly  rebooked,  of  whatever  age  he  bee.  Nor  did  any 
member  of  the  kyngdome  suffer  praejudice,  the  accusatione  being  against 


Ch.   XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  21 

bishopps  themselves,  and  not  the  order  of  episcopacye,  of  which  abeady,  in  A.  D.  1638. 
the  ansuer  to  the  fourth  exceptione.  The  citatione  super  inqidrendis  is 
deneyed,  for  the  speciall  undenyable  crymes  are  instanced.  As  for  three 
summondes,  they  wer  not  necessary,  and  are  only  to  be  befor  inferior  judi- 
catorys,  which  meet  oftner  then  once  a  yeare,  but  not  befor  the  highest 
judicatoryes,  for  else  delinquents  would  escape  censures  till  the  third  yeare. 
But  what  needs  three  summondses  successivly  ?  for  by  ther  declinator  they 
acknowledge  the  first ;  for,  as  the  lawiers  saye,  Citatio  vero  contumaciam  indu- 
cere  potest,  si  scientia  citationis  apprehenderit  citatum,  atque  ita  comperiatur 
malitiose  aut  dolose  latitare.  Of  the  lycke  nature  is  ther  exceptione  that  the 
summonds  ought  to  have  been  directed  out  by  the  General  Assembly  ;  for 
it  is  the  ordinare  practise  for  sessiones  to  cite  to  presbytryes,  and  presby- 
tryes  to  synods,  etc. :  This  is  only  questiond  by  the  bishopps,  that,  for 
wante  of  forme,  they  may  escape  censure.  Lastly,  Wheras  they  object 
that  the  summondes  did  charge  evry  one  of  the  bishopps  with  all  the  crymes 
therin  contained  ;  the  Assembly  ansuers.  That  this  was  done  because  all  of 
them  together  had  conspyred  into  ane  factione,  and  because  they  wer  all 
guiltye  of  some  crymes  ther  specifyed. 

Twelfth,  To  the  twelfth  it  is  ansuered.  That  the  bishopps,  as  bishopps, 
have  no  voice  in  Generall  Assemblyes,  is  cleare.  By  the  acte  of  Assembly 
at  Montross,  1600,  and  the  yeare  1.597,  it  was  enacted,  that  whatever 
minister  came  to  the  Assembly,  they  should  be  commissionate  from  presby- 
tryes ;  which  two  church  actes  are  neither  yet  abrogate,  nor  ought  to  be 
abrogated,  because  they  are  founded  upon  the  law  of  nature,  and  are  in 
continwall  custome  in  other  Reformed  Churches,  amongst  whom  thes  only 
are  admitted  to  vote  who  have  laufull  delegatione  from  the  churches :  Be- 
cause the  synod  representeth  the  churche,  therfor  such  as  are  not  com- 
missionate from  the  churches  to  the  synode  cannot  represent  any  churche ; 
except  they  will  affirm,  with  Bellarmine,  that  the  churche  is  represented  by 
bishopes,  as  the  republicke  is  represented  by  the  prince  ;  which  Wliittacker, 
in  his  Controllers,  de  conciliis,  aboundantly  refootes,  controv.  3.  quaest.  3. 
Adde  to  this,  that  all  the  doctors  of  the  Reformed  Church  affirme  that  it  is 
necessaire  for  such  as  are  to  have  voice  in  synods  for  to  be  accomplished 
with  necessary  giftes  and  a  laufull  call ;  which  laufull  call  they  explaine  to 
be  chossne  and  commissionat  by  the  churche  for  that  effecte.  If  the 
bishops  have  this,  left  them  shew  it ;  if  they  instance  old  councells,  then 
left   them  remember  quod  veritati  a  nemine  praescribi  posse ;  and  that  the 


22  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

Church  of  Scottland  is  not  to  be  modelised  acording  to  the  methode  of  old 
councells,  seing  it  has  extirpate  that  hierarchye  as  ane  human  inventione, 
which  did  macke  waye  for  Antichryste ;  nor  can  it  be  proved  that  episco- 
pacy is  as  yet  restored  by  any  free  Assemblye. 

Thirteenth,  To  the  thirteenth  they  ansuer,  That  they  justly  refuse  prece- 
dencye  to  the  primates  and  metropolitans  of  this  natione,  since  it  is  agreed 
in  the  Booke  of  Discipline  of  the  Church  of  Scottlande  that  a  moderator 
be  chossne  by  common  consente ;  which  liberty  stoode  unbrockne  tiU  anno 
1616,  in  the  pretended  Assembly  of  Aberdeen,  that  the  Archbishop  of  Saint 
Andrews  obtruded  himself  for  moderator,  without  any  title  oi-  custome. 
Nor  is  this  any  new  thing,  seing  that  in  the  Councell  of  Antioche  (un- 
der Galien  and  Aurelian),  holdne  against  Paulus  Samosatenus,  Malchion 
a  presbyter  of  Antioche,  did  preceede  ;  see  the  Cent.  Magdeburg.  As 
for  the  canons  of  the  Councells  of  Niece  and  Antioche,  they  are  not  to 
pourpose,  for  ther  actes  concerning  discipline  are  disused  amongst  all  the 
Reformed  Churches  ;  and  for  the  Novells  of  Justiniane  it  is  ansuered,  That 
municipall  lawes  of  forraigne  princes  cannot  prescrybe  to  other  kingdomes, 
not  governed  by  thes  lawes.  The  bishops  ought  to  prove  it  out  of  the 
worde  of  God,  or  at  least  out  of  actes  of  Assemblyes,  that  they  have 
right  to  moderate  in  councells.  They  cite  the  actes  of  Parliament,  annis 
1606  and  1609,  wherein  they  saye  the  bishopps  wer  restored,  in  integrum: 
to  their  temporalityes  :  the  acte  restores  them,  but  no  furder  ;  and  in  the 
Assemblyes  holdne  annis  1606  and  1610,  they  did  not  offer  to  usurpe  that 
power,  though  thes  Assemblyes  wer  holdne  after  the  Parliaments  of  that 
years  :  and  they  know  that  the  Synod  at  Linlithgow,  1606,  ordained  that 
the  moderator  should  be  chosne  by  acte  of  the  Assemblye  and  ther  voice ; 
which  acte  isnot  abrogate  by  no  other  acte  to  this  daye.  But  then  they 
tell  us  that  they  have  their  presidencye  from  Chryste ;  wherin  they  follow  the 
footstepps  of  the  bishopps  of  England,  who  pleade  a  jus  divinum  for  their 
order ;  which  paradox  they  will  sooner  mantaine  by  amputations  then  dis- 
putationes :  By  their  example  they  owne  that  order  (which  once  they 
abjurd),  first  as  tollerable  ;  then  to  be  necessair,  not  only  jure  apostolico, 
but  divino.  But  then  why  doe  they  not  instance  one  passage  of  scripture  to 
prove  it  so  to  be  ?  since  the  canonistes  defyne  jus  divinum  to  be  that  which 
is  contained  in  the  law  and  evangile,  and  abydes  still  unchangable,  (lib.  1. 
Jure  Canon,  tit.  2)  ;  and  all  that  stand  at  defyance  with  Rome  owne  scrip- 
tur   as  the  only  judge  of  controversye.     And,  questionlesse,  if  they  had 


Ch.   XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  23 

scripture  for  it,  they  would  shew  it,  except  they  be  Cassander's  followers,  A.  D.  1638. 
who  are  so  enamoured  with  antiquity e  that  they  thinke  ther  is  a.  Jus  divinum 
founded  therupon ;  of  whom  Chamier  has  truly  prophecyed  that  the  state 
of  the  church  shall  be  miserable :  For,  sales  he,  except  that  God  doe  re- 
straine  the  attemptes  of  the  serai-papistes,  it  is  to  be  feared  that  the  papistes 
shall  not  become  mor  correcte,  but  that  we  shall  be  mor  corrupte ;  of  whom, 
if  ye  will,  yow  may  heare  the  censure  of  ane  ancient  father,  viz.  That  it  is 
devUlish  for  to  putt  divyne  authoritye  upon  any  thing  that  is  without  the 
authoritye  of  the  scriptures  :  this  censure,  out  of  ther  love  to  antiquitye, 
it  may  bee  that  they  will  listne  too  mor  calmelye.  But,  albeit  a  bishop  have 
his  call  fi-om  Chryste,  by  what  authoritye  doe  they  exercise  it  in  the 
Church  of  Scottlande,  which  never  consented  to  the  setting  upp  therof  ? 
And  since  they  ascrybe  it  neither  to  Parliaments  nor  Assemblyes,  they 
must  be  holdne  for  usurpers,  for  the  which,  amongst  other  crymes,  they 
are  citted.  But,  saye  the  bishopps,  we  have  our  laufull  call,  by  the  elec- 
tione  of  the  chapter,  and  episcopall  consecratione,  by  the  Kinge's  consente, 
acording  to  the  old  laudable  constitutiones  of  this  kyngdome.  To  this  the 
Assembly  ansuers.  If  heerby  they  understand  popish  canons,  we  leave  them 
to  thes  lawes  ;  yet  that  will  not  be  a  defence,  for  thes  lawes  are  oftne 
rescinded  by  posterior  constitutiones,  et  posteriora  derogant  prioribus : 
But  lett  them  shew  the  least  shaddow  of  warrant  graunted  by  Generall  As- 
semblyes for  episcopall  election  by  chapters ;  on  the  contrare,  they  are 
condemned  by  Assemblyes  as  popish.  As  for  the  free  consent  and  voice  of 
the  chapter,  it  is  a  frivolouse  tale  to  mentione  it,  for  it  is  weall  knowne  that 
the  King  names  the  bishop  to  be  chossne  by  his  letters,  and  the  chapter 
must  give  their  consent  to  his  imperiouse  requeste  ;  Nor  gett  the  people 
any  voice  in  ther  electione,  as  of  okle,  as  themselves  will  not  deneye  ;  albeit 
Cyprian  sayes  that  Cornelius  of  Rome,  and  other  bishopps  in  his  tyme, 
wer  so  chossne ;  and  he  sayes  that  they  cannot  be  otherwayes  chosne,  since 
the  people  ought  to  nominate  such  as  are  able,  and  reject  others.  Wher  is 
that  canon  (says  Athanasius),  tit  a  palatio  mitteretiir  episcopus  ?  See 
mor  of  such  electiones,  in  Spalato  de  Repub.  Ecclesiast.  hb.  3.  cap.  3. 
Therfor,  since  they  are  not  elected  as  in  Cyprian's  dayes,  and  are  but 
usurpers,  they  have  no  reasone  to  macke  use  of  any  passage  of  Cyprian. 
Rather  lett  them  heare  Gregory  Nazianzen,  concerning  the  5rj«Sj«t  §•  pM- 
larchia  of  bishopps  :  Propter  hanc  res  omnes  nostrae  jactantttr  et  concutiun- 
tur,  propter  hanc  fines  terrae  versantur  in  suspitiotie,  et  hello,  eoque  surdo, 


24  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  et  ne  nomen  quidem  habente  :  jiropter  hanc  periculum  est  ne  magnum  illud  et 
NOVVM  nomen  amittamus,  utinam  neque  esset  praesidentia,  neque  loci 
praelatio,  neque  violenta  praeeminentia,  id  ex  sola  virtute  cognosceremur. 
Nunc  autem  dextrum  hoc  latus  et  sinistrum,  suhlimior  et  inferior  sedes,  et 
ilia  praeeundi  vel  eodein  gradu  incedendi  invecta  consuetudo  midtas  nobis 
clades  necquicquam  intulerunt,  etc.  Now  what  is  meant  by  that  magnum  et 
novum  nomen'?  Augustine  telles  us,  Epist  19,  ad  Hieronytnum  :  Secundum 
honorum  vocabula  quae  jam  ecclesiae  usus  obtinuit  episcopatus  presbgtero 
major  est.  Yow  must  know  that  he  speackes  of  episcopacye,  which,  in  his 
tyme,  differed  from  presbytery,  not  in  the  thinge  itself,  but  the  title ;  not  in 
the  power,  but  the  honor :  What  wold  he  have  saide  if  he  had  seene  the 
pryde  that  bishopps  at  this  flay  have  brought  into  the  churche  ? 

Fourteenth,  To  the  fourteenth,  the  Synod  deneys  [not]  that  the  power  of 
ecclesiasticall  ordinatione  was  givne  to  the  bishopps  [of  old]  by  permissione  ; 
yet  will  it  not  foUow  that  by  the  Lord's  warrant  the  bishopps  in  Scottland 
have  it.  Morover,  if  bishopps  cannot  be  judged  by  presbyters  who  are  or- 
dained by  them,  no  mor  could  the  presbyters  of  the  Churche  of  Alexandria 
be  judged  by  ther  bishopp,  for  they  ordained  him,  [if]  Hierome  may  be 
trusted,  who  says,  Eos  semper  unum  ex  se  electum,  et  in  excelsiore  gradu  col- 
locatum,  Episcopum  nominasse :  this  passage  alone  is  eneuche  to  close  ther 
mouthes  who  ascrybe  the  right  of  ordination  to  bishopps  alone.  And  because 
bishopps  of  old  wer  not  judged  by  presbyters,  it  will  not  follow  that  the  lycke 
ought  to  be  in  Scottlande,  which  declares  all  ecclesiastickes  subjectes  to  ane 
General  Assembly's  censure :  none  argue  thus  but  thes  who,  disclaiming 
Church  canons,  runne  to  custome  :  And  this  argument  is  the  begging  of 
the  questione  ;  for  it  is  in  vaine  for  the  bishopps  to  pleade  to  be  judged 
acording  to  old  canons,  seing  that  the  Church  of  Scottland  is  not  obleidged 
to  be  regulated  by  ther  example ;  and,  if  the  canons  be  acuratly  followed, 
then  no  bishopp  can  be  judged  but  befor  twelve  bishopps,  the  accusation 
being  proved  by  fitt  wittnesses,  Causa  2da,  quest.  5.  Canone,  Nullam  dam- 
nationem,  &f  Praesid  non  damnetur  ;  this  canon  is  said  to  be  made  by  Silves- 
ter, bishop  of  Rome,  in  Constantinus  Magnus  his  dayes  :  This  waye  doe  the 
bishops  enclyne  [when  they  cite]  ConcU.  Carthag.  2.  Can.  10.  Now,  if 
bishopps  reqwyre  to  be  judged  acording  to  thes  canons,  it  is  lycke  that  in 
haist  ther  processes  shall  not  be  made  ;  for  all  thes  formalityes  will  never  be 
founde  in  a  Kationall  Synode  ;  for  the  want  wherof  they  will  escape  all 
censur,  the  which  is  ther  uiaine  aime. 


Ch.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  25 

Tlierfor,  since  all  ther  exceptiones  are  frivolouse,  ther  protestations  fol-  A.  D.  1638. 
lomig  must  fall  to  the  ground.  As  for  that  clause  concerning  the  necessitye 
of  the  churche  to  be  governed  by  bishopps,  the  synod  wonders  at  ther 
impudence,  since  they  cannot  prove  it  by  Scripture  so  to  bee  ;  for  it  is  neither 
simply  necessaire,  being  that  many  churches  have  flowrished  and  prospered 
without  it,  wher  it  was  never  heard  of;  nor  is  it  necessaire,  in  some  respectes, 
for  its  utilitye,  because  that  v^d^lx,  albeit  it  was  first  sett  upp  of  a  good 
intentione,  yet  made  waye,  unperceived,  to  the  ambitione  of  manye,  as 
Nazianzen  tells  yow,  vide  supra  ;  what  thinke  ye  would  he  have  saide  if  he 
had  seen  our  bishopps,  whoise  ambitione  has  brocke  through  all  barriers,  and 
now  rageth  because  it  sees  itself  lycke  to  be  restrained  ?  But  why  saye  we 
ambition  ?  He  is  blynde  who  does  not  descrye  a  doore  opne  to  Antichryste  : 
for  the  aristocraticke  apostolicke  governement  of  the  churche,  by  a  per- 
petwall  concessione  of  prioritye  of  order  to  one,  has  turned  and  been 
chaunged,  by  little  and  little,  into  olygarchye,  and  lastly  into  the  tyranny  of 
one  oecumenicke  universal!  pope.  How  helpfull  it  has  been  for  to  promove 
peace,  the  distracted  condition  of  this  churche  will  wittnesse,  which  has 
found  episcopacye,  since  it  was  sett  upp  heer,  to  have  been  still  the  fewell 
of  schisme,  and  not  the  remedye ;  for  nothing  divydes  a  churche  mor  then 
desyre  to  rule  ;  which  may  be  observed  in  the  popes  of  Rome,  whoise  heade 
can  be  borne  upp  with  none  other  then  episcopal!  shoulders  :  And  it  would 
macke  Democritus  laughe  for  to  heare  sis  bishopps  protest,  in  name  of  all 
the  Churche  of  Scottland  (for  more  then  six  subscrybe  it  not),  and  a  few 
ministers,  either  brybed,  or  terrifyd,  or  cheated  by  false  narratives,  as  sun- 
drye  of  them,  with  teares,  did  ingenowsly  acknowledge ;  yet  thes  few  must 
macke  upp  all  the  Churche  of  Seottlande,  whoise  authoritye,  and  all  her 
Assemblyes  they  stryve  to  anul  be  such  a  prodigiouse  protestatione.  They 
say  that  they  are  carefull  that  nothing  be  determind  in  the  Assembly  con- 
trare  to  the  churche  its  liberty,  the  Kinges  power,  etc. ;  of  which  it  is 
cleare  that  hitherto  they  have  had  little  regarde :  Yet  thes  thinges  they 
upbraid,  that  they  may  macke  us  hatefull  to  the  King  and  neighbour 
churches ;  albeit  the  Assembly  never  intended  to  worong  the  Kinges 
authoritye,  or  to  putt  any  marke  of  infamy  on  neighbour  churches,  who 
will  not  tacke  it  evill  if  this  church,  aiming  at  puritye,  reject  all  that 
which  she  iyndes  contrarye  therunto,  albeit  receaved  by  others  ;  to  whom,  as 
the  Churche  of  Scottland  does  not  attempt  to  praescrybe,  so  she  thinkes 
others  ought  not  to  praescrybe  to  her  by  ther  example,  specially  of  thes 


26  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.    churches  amongst  whom  some  dregges  does  yet  remaine  of  the  Romish 

disease:    see  Rainold  in  Thesibus  de  ecclesia,   thes.  5.  parag.  29.     And 

thus  much   shortly  lett  it  suffice   to  have  saide  in  ansuer  to  the  bishops 
ther  Dechnator. 

This  answer  to  the  bishopps  Dechnator,  if  it  gott  an  answer,  it  came  not 
out  in  publicke ;(')  for  about  the  tyme  that  ther  Dechuator  was  putt  out,  the 
troubles  wer  begunne  ;  and  the  penns  which  had  been  ther  weapons  on  both 
sydes,  for  a  whyle  wer  exchaunged  with  pickes  ;  armyes  on  both  sydes  in  the 
feelds ;  and  the  King  reduced  to  that  extremes  that  he  was  necessitate  to 
give  way  to  the  abolitione  of  Episcopacye  in  Scottland,  and  to  retreate  all 
his  former  declarations  against  the  Covenanters,  and  all  his  censures  that 
he  had  past  upon  the  former  protestations,  and  approve  all  as  good  service 
which  the  Covenanters  had  done,  and  to  lett  the  bishopps  shift  for  them- 
selves, and  others  be  censured  who  did  owne  his  intei-est.  But  to  returne 
to  tlie  narratione  of  the  Assembly. 
Council  meet,  XXXV.  The  Commissioner,  after  he  had  left  the  Assembly,  that  very 
and  write  the    uiuplit,  thouffh  late,   assembled  the  Councell ;  non  absent  but  Argvlle,  who 

"Kins*  o      •'  ~  '  "*' 

excused  his  absence,  and  the  Lord  Almond,  then  sicke.  The  Councell  did 
that  night  resolve  on  two  thinges ;  first,  to  wrytte  a  letter  of  thankes  to  the 
King  for  his  gratiouse  proferrs  made  by  his  Commissioner  at  the  Assembly  ; 
next,  to  draw  upp  a  proclamatione  for  dissolvinge  the  Assemblye.  The 
letter,  besyde  thankes  to  the  Kinge,  contained  in  it  a  great  commendatione 
of  Hamilton's  skill  and  honestye,  and  ane  offer  to  mantaine  with  ther  lyves 
and  fortunes  the  Kinge's  person  and  royall  authoritye,  promising  in  all 
other  actiones  to  approve  themselves  his  Majestyes  most  loyall  and  humble 
servantes  :  [subscryved  by]  Traquair,  Roxburgh,  Marre,  Murrey,  Lith- 
gow,    Perthe,  Wigtoune,    Kingorne,    Tullibardin,    Haddingtoune,   Gallo- 

(1)  [Though  Gordon  seems  not  to  have  seen  it,  nor  indeed  to  have  known  that  it  existed, 
an  Answer  to  the  Bishop's  Declinator  was  published  in  the  beginning  of  1639.  It  differs 
in  many  points  from  the  Responsio  Synodi  ad  Episcoporum  protestationem,  printed  by 
Spang,  (Historia  Motuutn,  p.  lU  — 142,)  and  of  which  Gordon,  in  the  text,  has  given  a 
translation.  Baillie  thus  notices  it  ; — "  Our  next  purpose  was  the  bishop's  declinature. 
Two  answers  in  writ  were  framed  to  it,  and  both  read  by  the  clerk.  They  were  confessed 
to  be  raw  and  rude,  but  promised  to  be  perfected  with  the  first  conveniency ;  as  indeed, 
some  days  thereafter,  I  saw  two  papers,  one  of  the  clerk's  forming,  possibly  with  Mr. 
Calderwood's  help,  another  of  Mr.  Andrew  Ramsay's  more  short.  Both  contained  solid 
answers  to  all  that  was  material  in  the  bishop's  invectives ;  yet  were  thought  meet  to  be 
cast  in  a  tliird  better  mould,  which  ye  see  in  print,  The  Answer  to  the  bishops  declina- 
ture."  Letters,  vol.  i.,  p.  113.     And  see  Stevenson's  Hist,  of  the  Church  of  Scot.,  vol.  ii. 

p.  518—534.] 


Ch.  XXXVII.] 


HISTORY  OF  SCOTS  AFFAIRS. 


27 


way,  Annandaile,  Lauderdale,  Kinoule,  Drumfreeise,  Southeske,  Angusse, 
Elphinstoune,  Naper,  Dallyell,  Have,  William  Elphinstoune,  James  Car- 
michael,  Hamiltoune,  Blackeball ;  and  dated  at  Glasgow,  November  twenty- 
eighth,  1638.  f)  To  this  letter  the  Earle  of  Argylle  refoosed  to  sett  his 
hande ;  as  he  lyckwayes  did  refoose  to  subscrybe  the  proclamatione  which 
was  drawne  upp  the  next  morning,  and  signed  by  the  Comissioner  and 
Councell. 

XXXVI.  But  notwithstanding  of  the  Comissioners  abrupt  departur  the 
night  befor,  yet  the  Assembly,  who  after  his  removall  had  voted  ther  owne 
sitting  still,  did  acordingly  conveene  the  next  day :  And  with  thes  did  the 
Earle  of  Argylle  joyne  himselfe ;  although  he  had  no  comissione  to  be  a 
ruling  elder,  yet  he  entred  as  a  weall  wisher,  to  see  thinges  framed  right. 
The  moderator  espying  him  to  be  present,  (though  he  knew  weall  eneuch  he 
was  to  come),  as  if  it  had  been  unexpected,  fell  to  request  him  in  his  owne 
name,  and  in  the  name  of  all  the  Assemblye,  that  he  wold  be  entreated  for 
to  stay  with  them  during  the  sitting  of  the  Assembly,  and  be  wittnesse  to 
all  ther  actiones,  that  he  might  beare  recorde  how  orderly  and  legall  ther 
proceedings  should  bee.  This  he  suffered  himself,  with  very  little  diiBcultye, 
to  be  perswaded  to  yeeld  to ;  it  being  very  weall  knowne  to  all  that  he  was 
come  ther  both  to  be  wittnesse  and  a  director  of  ther  actings.  It  is 
affirmed*  that  som  wer  glade  of  his  comming,  as  supposing  the  King  and 
Commissioner  had  pourposly  directed  him  to  waite  ther ;  which,  as  it  was  not 
true,  so  it  was  not  tackne  so  by  the  Assembly,  for  all  knew  that  the  Kinw 
befor  now  suspected  him,  and  the  Assembly  knew  he  was  ther  freende.  It 
was  also  much  about  this  tyme  that  the  Earl  of  Marr,  Earl  of  Wigtoune, 
Earl  of  Kinghorne,  Earl  of  Gallowaye,  the  Lords  of  Naper  and  of  Almonde, 
and  Blackball,  declared  lyckwayes  to  the  Assemblye  that  they  had  subscrybed 
the  Covenant,  which  the  King  had  enjoyned,  acording  to  the  sence  and 
practise  that  it  was  subscrybed  in  anno  1580 ;  and  saide  that  they  thought  it 
only  meetest  that  the  true  sence  and  explicatione  therof  should  be  searched 
out  of  the  Registers  of  the  Assemblye,  and  no  wher  else. 

XXXVII.  Therafter  the  Assembly,  tacking  notice  that  the  bishopps  in 
their  Declinator  had  objected  to  them,  that  some  ministers  wer  members  ther 
who  were  under  the  churche  censures,  both  at  home  and  in  Irelande,  they 

(1)  [See  the  King's  Large  Declaration,  p.  289.] 
*  Historia  Motuiini,  p.  184. 


Assembly 
continue  tu 
sit.      Argyle 
joins  them  ; 
and  several 
other  lords. 
Sess :  &va, 
November  29. 
Thursdaye. 


Ministers 
who  had  been 
objected  to  in 
the  Declina- 
tor are  clear- 
ed and  re- 
ceived. 


28 


HISTORY  OF  SCOTS  AFFAIRS. 


[B,  III. 


A.  D.  1638. 


Committees. 
Bishop  of 
Galloway's 
process  be- 
gun.    Pro- 
clamation for 
dissolving  the 
Assembly. 
Sum  of  tlie 
King's  rea- 
sons. 


beganne  to  eoquyre  concerning  thes.  Four  of  them  had  fledde  out  of  Irelande, 
viz.  Mr.  Robert  Blaire,(')  Mr.  Johne  Levistoune/^)  Mr.  James  IIamiltoune,W 
and  Mr.  James  Macklellane,(*)  who  had  gottne  a  call  to  places  in  Scottlande  : 
[They]  declared  that  they  had  been  questioned  in  Irelande  for  no  other 
reasone  but  because  they  did  adhere  to  the  puritye  of  church  discipline,  and 
refoosed  for  to  practise  aU  thes  ceremonyes  that  the  Churche  of  Ireland  was 
burthened  withall ;  and,  withall,  they  shewed  that  the  processes  ledd  against 
them  wer  not  forraall  nor  legall.  After  them  the  three  ministers(^)  in  Scott- 
land,  vis.  Mr.  Samuel  Rutherfoorde,  and  Mr.  David  Dickson,*  who  wer  sus- 
pended and  confynd  by  the  High  Comissione,  did  so  fully  cleare  themselves  of 
all  that  was  laide  to  ther  charge  by  the  High  Comissione,  that  all  the  Assembly 
wer  easily  perswaded  for  to  thinke  that  they  had  gottne  woronge.  Thus, 
themselves  being  wittnesses  in  ther  owne  processes,  and  ther  judges  owning 
them  as  guiltless  before  they  wer  questioned,  and  no  man  appearing  to  say 
any  thing  against  them,  they  gott  all  of  them  a  quicke  absolvitor. f 

XXXVIII.  The  next  thing  that  the  Assembly  fell  upon  was  for  to  con- 
stitute some  mor  Comittyes.  First,  One  of  thes  ComittyesJ  wer  appoynted 
for  to  searche  the  registers  of  the  Assembly  ;  and  to  declare  and  report  from 
thence  the  true  and  reall  sence  of  the  Confessione  of  Faithe,  as  it  was  sub- 
scrybed  ab  initio,  anno  1580  ;  and  to  macke  an  enqwyry  whither  all  the  new 
innovationes  and  chaunges  which  the  discipline  of  the  Churche  of  Scottland 
had  suffered  in  the  praeceeding  yeares  could  subsiste  therwithall,  or  if  they 

(1)  [Minister  at  Ayr.]         (2)  [Minister  at  Stranraer.]         (3)  [Minister  at  Dumfries.] 

(4)  [Minister  at  Kirkcudbright.] 

(5)  [There  were  only  two  ministers  in  Scotland  under  the  censure  of  the  Court  of  High 
Commission ;  the  third  person  alluded  to  was  Alexander  Gordon  of  Earlston,  elder  for 
the  presbytery  of  Kirkcudbright.  See  Baillie's  Letters,  vol.  i.,  p.  121.  Records  of  the 
Kirk,  pp.  149,  150.] 

*  Mr.  Samuel  Rutherfoorde  was  confyned  at  Aberdeen  ;  Mr.  David  Dickson  at  Turrcft'. 
[Rutherford  was  minister  at  Anwoth  ;  Dickson  at  Irvine.] 

•f  Alexander  Gordon  of  Earlston,  his  comission  is  challendged,  but  Argylle  defended  it, 
and  gott  it  approvne.     [See  Records  of  the  Kirk,  p.  150.] 

X  Names  of  that  Comitty  :  Mr.  Andrew  Cant,  Dr.  Guild,  Mr.  David  Dicksone,  Mr. 
Thomas  Mitchell  [Mr.  David  Lindsay,  Mr.  James  Martine,  Mr.  Harry  Rollock,  Mr. 
Walter  Balcanquell,  Mr.  Robert  Hendersone,  Mr.  Thomas  Wilkie]  ;  Lordes,  Rothess, 
Lowdon,  Balmcrino,  [Burleigh] ;  Lairdes,  Sir  William  Douglasse,  Laird  of  Keir,  Laird  of 
Auldbar ;  Burgers,  James  Cohrane,  Patrick  Belle,  James  Fletcher.  [Dr.  Guild  seems  not 
to  have  been  a  member  of  this  committee.  See  Records  of  the  Kirk,  p.  151  ;  Baillie's 
Letters,  vol.  i.,  p.  121.] 


Ch.  XXXVIII.]  HISTORY  OF  SCOTS  AFFAIRS.  29 

wer  destructive  therunto.    Second,  Another  Comittie*  wer  appoynted  for  to  A.  D.  1638. 

peruse  the  Service  Booke  and  Booke  of  Canons  diligentlye,  and  the  Booke  of 

Ordinatione,  and  report  to  the  Assembly  all  that  they  founde  censurable  in 

any  of  the  three.      Third,   There  was  a  third  Comittyef   appoynted  for  to 

collect  the  greivaunces  of  the  churches,  and  represent  them  to   the  Assem- 

blye,  so  ordering  them,  that  lycke  overtures,  they  might  be  proposed  orderly 

and  seasonably  to  the  Assembly,  eache  of  them  in  ther  owne  place.f 

And  now  the  accusers  of  the  bishopps  urged  for  to  gett  hearing  of  ther 
processe  against  the  bishopps  ;  which  was  easily  yeelded  unto.  And  the  first 
that  they  beganne  upon  was  Mr.  Thomas  Sydserfe,  bishopp  of  GaUowaye, 
whoise  accusatione  was  publickly  reade,  himselfe  being  citted  at  the  churche 
doore  to  come  in  and  answere  (though  they  wer  sure  he  would  not).  It  con- 
tained (besyde  the  general  articles  that  wer  charged  upon  all  the  bishopps, 
such  as  the  breach  of  the  conditiones  enacted  at  Montrosse,  anno  1600,  and 
the  usurping  upon  the  libertyes  of  the  churche),  many  personal  crymes,  as 
was  alleadged,  wherof  he  was  guiltye,  both  in  his  manners  and  doctrine  ; 
such  as  opne  and  ordinar  profanation  of  the  Lordes  day  ;  negligence  in  his 
pastorall  charge,  and  downright  tyrannye  (the  lycke  whairof  had  scarcely 
been  heard)  both  over  the  ministers  and  others  ;  as  also,  that  he  had  frequently 
and  familiarly  conversed  with  papistes,  who,  for  ther  obstinacye,  wer  ex- 
communicated ;  also,  that  he  had  affirmed,  in  hatred  off  the  reformed  rel- 
ligione,  that  papistes  he  loved  better  then  puritans ;  that  he  mantained  and 
defended  many  popish  tenents  ;  and,  lastly,  that  both  in  publicke  and  privat 
he  defended  Arminianisra.§  The  tryall  of  his  processe  and  his  sentence 
was  delayed  for  the  tyme ;  for  the  Assembly  wer  expecting  evry  minute  that 

*  Second  Comitty  men  wer :  Mr.  Andrew  Ramsey,  Mr.  Robert  Bailye,  Mr.  Edward 
Wright,  Mr.  Gilbert  Rosse,  Mr.  Alexander  Petrye,  Mr.  William  Menezeis,  Mr.  John 
Oswell,  Mr.  Samuel  Ruthert'oorde,  Mr.  Alexander  Carsse,  Mr.  William  Douglasse,  Mr. 
John  Have.  [In  other  lists  the  name  of  John  Adamson  appears,  and  that  of  Gilbert  Ross 
is  omitted.  See  Records  of  the  Kirk,  p.  132.  ;  Stevenson's  Hist,  of  Church  of  Scot.  vol. 
ii.,  p.  587.  ;  Baillie's  Letters,  vol.  i.,  p.  1'21.] 

f  Third  Comittye  men  for  tacking  in  complaints  against  the  bishopps  wer :  Mr.  Thomas 
Ramsey,  Mr.  William  Sympsone,  Mr.  David  Dalgleishe,  Mr.  Donald  Mackgillivorich,  Mr. 
John  Duncan,  Mr.  George  Summer,  Mr.  David  Murrey,  Mr.  George  Halliburtoune,  Mr. 
Alexander  Martine,  Mr.  William  Falconer,  Mr.  David  Monroe,  Mr.  George  Leslye,  Mr. 
Walter  Steward;  Earl  of  Eglintoune;  Laird  Durye,  younger;  Mr.  Alexander  Peerson, 
and  others.     [Compare  Records  of  the  Kirk,  p.  151.] 

X  MS.  History  referres  the  nomination  of  thes  three  Comittyes  to  Session  ninth. 

§  It  was  objected  against  the  Bishop  of  GaUowaye,  That  he  had  a  customc  to  sweare 
ordinarly  in  his  anger ;  that  he  called  his  horse  Piuitane,  who  would  doe  nothing  without 


30  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  the  Kinge's  Commissioner  wold,  by  opne  proclaraatione,  command  the  As- 
sembly  to  dissolve,  as  yesternight  he  had  done  by  worde  of  mouthe,  himself 
being  personally  present.     Nor  war  they  deceived  of  ther  espectatione. 

For  that  forenoone,  being  November  twenty-ninth,  the  King's  heraulds, 
with  coates  of  armes  on  ther  backes,  went  to  the  mercatt  crosse  of  Glasgow, 
and  ther  solemnly,  with  sounde  of  trumpetts,  did  reade  the  Kinge's  proclama- 
tione  for  dissolving  of  the  Assemblye.  The  summe  wherof  was  to  this  pour- 
pose  :  *  First,  The  Kinge  gives  a  particular  accoumpt  of  all  his  concessiones 
to  them,  both  for  to  remove  ther  jealousyes,  as  also  for  to  assure  them  of  his 
Intentioncs  towai'ds  the  preservatione  of  relligione  ;  he  shewed  that  for  all 
that,  the  wished  effectes  had  not  followed ;  for  albeit  he  had  graunted  to  them 
a  free  Assemblye,  yet  ther  meeting  was  not  suche,  because  it  was  made  upp 
mostly  of  thes  who  had  protested  against  his  concessiones  in  his  proclama- 
tione,  September  twenty-second,  although  themselves  had  oftne  petitioned 
for  such  thinges  as  wer  graunted  ther.  Second,  Because  they  had  and  wer 
dayly  and  howerly  gwarding  and  watching  about  the  CasteU  of  Edinburgh, 
suffering  nothing  to  be  imported  therin  but  at  ther  discretione,  and  stopped 
openly  the  importatione  of  ammunition  or  any  necessaires  to  any  of  his 
houses  within  the  kyngdome :  deneying  that  liberty  to  ther  King  which  the 
meanest  of  them  did  arrogate  to  themselves,  (an  acte  without  praecedent  or 
example  in  the  Christian  world).  Third,  By  convocating  unlaufuU  Councell 
Tables  of  nobilitye,  gentrye,  etc.,  within  Edinburgh,  without  regarde  to  the 
lawes  of  the  kyngdome ;  and  [they]  conveene  ther  without  warrant  from 
authoritye,  and  treate  ther  upon  matters  civill  and  ecclesiasticke,  and  send 
fi-om  thence  ther  orders  and  injunctions  to  ther  subordinate  tables  in  the 
countreye,  and  to  ther  under-ministers  ;  and,  under  colour  of  relligione, 
exercise  unbounded  authoritye  and  unwarrantable,  and  reqwyre  obedience  to 
ther  illegall  and  unlaufull  procedurs  and  directions,  to  the  great  praejudice  of 
authoritye  and  laufull  monarchical!  governement.  Fourth,  The  course  for 
electione  of  ther  commissioners  to  the  Assemblye  illegall  and  uniformall ;  some 
under  censure  of  the  Churche  in  Scottlande,  others  censurable  in  Irlande ; 
some  banishd  for  preaching  against  monarchye,  others  suspended ;  some 
irregularly  admitted  to  the  ministrye  ;  some  of  them  denounced  rebells  at  the 

beatino- ;  (for  his  lyfe  and  conversatione  otherwayes  they  cleared  him)  ;  that  he  had  brockne 
all  the'caveatts,  had  transgressed  against  the  actes  of  Generall  Assemblys  and  bookes  of 

policye. 

*  Largre  Declaration,  pag.  290. 


Cn.  XXXIX.]  HISTORY  OF  SCOTS  AFFAIRS.  31 

home,  and  consequently  uncapable  to  be  judges  or  to  stande  in  judgement ;  A.  D.  1638. 
all  the  members  bounde  by  oathe  for  to  overthrow  episcopaeye  ;  perenip- 
torye  and  illegall  proceedings  of  presbytrys,  who,  at  ther  owne  hande,  with- 
out order  of  law  or  due  forme,  did  thrust  out  moderators  laufully  established, 
placing  others  who  wer  most  enclynable  to  ther  assistance ;  for  choosing 
comissioners  to  the  Assemblyo,  laicke  elders  sett  upp,  having  aeqwall  voices 
or  mor  voices  then  the  ministers,  who  choosed  both  the  ministers  and  ruling 
elders  to  the  Assemblye.  Fifth,  Comissioners  chossne  by  privat  instructiones 
and  nominatione  fi-om  the  Tables,  who  wer  such  as  wer  only  knowne  to  favour 
them.  All  which  the  King,  blyndefolding  his  judgement,  was  patiently  pleased 
for  to  suffer,  but  that  they  had  still  proceeded.  Sixth,  And  come  armed  to 
Glasgow,  in  great  numbers,  contrary  to  the  lawes  of  the  launde  and  his  pro- 
clamatione,  dated  sixteenth  November.  Seventh,  Had  refoosed  assessors  to  his 
Commissioner  for  to  vote  in  the  Assemblye.  Eif/hth,  Refoosing  to  reade  the 
Declinator  of  the  bishopps,  which  shewed  why  the  Assembly  ought  not  for 
to  proceede  to  the  electione  of  a  moderator  without  them,  or  for  to  admitte 
comissioners  from  presbytryes  befor  they  wer  heard  to  object  against  them : 
Refoosing  to  rest  satisfeed  with  the  declaratioue  givne  in  by  the  Commis- 
sioner, signed  by  him,  and  registred  in  ther  bookes  of  Assemblye  ;  and  on 
the  contrare,  doing  all  that  might  tende  to  the  destructione  of  episcopacy, 
although  one  of  the  three  estates  of  the  kyngdome,  thus  overturning  the 
very  fundamentall  lawes.  Therfor  the  King  dischargeth  it,  under  pain  of 
treason,  nullifies  the  actes  of  it,  forbiddes  all  subjectes  to  obey  it,  and  he 
commandes  all  to  remove  thence  within  twenty-four  howres  after  the  publi- 
catione  of  thes  presents  :  with  this  provisione  alwayes,  that  his  declaratione, 
under  his  Comissioner's  hande,  shall  stande  firme  to  all  his  good  subjectes  in 
all  tyme  to  come.  He  promised,  furder,  to  protect  all  who  should  incurre 
daunger  heerafter  for  disobedience  to  the  actes  of  that  praetended  Assem- 
bly, etc.  And  it  was  dated  at  Glasgow,  Novembris  twenty-nine,  1638,  and 
the  fourteenth  yeare  of  the  Kinges  raigne;  subscrybed  by  Hamiltoune, 
Traquaire,  Roxbrughe,  Murraye,  Linlithgow,  Perthe,  Kingorne,  Tullibar- 
din,  Hadingtoune,  Galloway,  Annandaile,  Lauderdale,  Kinnoule,  Drum- 
freise,  Southeske,  Belheaven,  Angusse,  DalyeU,  John  Haye,  William 
Elphinstoune,  James  Carmichael,   John  Hamiltoune. 

XXXIX.  No  sooner  was  the  proclamatione  readde,  but  it  was  receaved    Assembly's 
with  a  protestatione,  readde  in  the  same  place  by  Mr.  Archebald  Johnston,    P''ot«'statioii 

r  '  r  J  3     against  the 

clerks  of  the  Assemblye,  asisted  by  the  Lord  Erskyne,  and  diverse  others    proclama- 


32  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.   young  noblemen  and  gentlemen.     It  was  thought  that  the  paper  which  the 

..  T~.      clerke  readde  was  not  the  protestatione  which  was  afterwardes  printed  :  for 

tion ;  and  the  '  ^      a-  ■ 

sum  of  the        he  readde  something  out  of  a  paper  to  that  pourpose,  and  oftered  it  by  the 
reasons.  name  of  a  protestatione  to  the  herauld  who  readde  the   Kinges  proclama- 

tione,  which  paper  the  clerke  of  the  privye  councell  offering  to  receave, 
Mr.  Archebald  Johnston  refoosed  for  to  delyver  it,  saying,  He  must  stay  till 
it  wer  wryttne.  And  it  is  very  probable  that  it  was  not  that  same  protesta- 
tione which  was  printed  ;  for  it  is  not  probable  that  they  could,  in  so  short 
tyme,  frame  a  categoricke  answer  (which  they  strove  to  doe  in  all  ther  pro- 
testationes)  to  the  proclamatione,  whoise  contents  they  could  not  know 
peremptorly,  specially  my  Lord  Argylle,  being  removed  of  his  own  accorde 
when  it  was  drawee  iipp.  However  it  was,  yet  therafter  ther  was  an  ansuer 
to  the  proclamatione  printed  at  Edinburgh  afterwardes,  under  the  name  of 
The  Protestatione  of  the  Generall  Aseemblye  of  the  Churche  of  Scottlande, 
made  at  the  highe  kirke  and  merkatt  crosse  of  Glasgow,  Novembris  twenty- 
eight  and  twenty-nine,  1638  :  Wherof  the  short  summe  foUowes.*  First, 
They  intitle  themselves  the  members  of  a  free  lawfull  Generall  Assemblye, 
conveend  by  the  King's  warrant ;  and  then,  after  a  narrative  of  ther  peti- 
tioning the  indictione  of  the  Assemblye,  and  the  King's  concessione,  they 
shew  that  the  graunte  therof  was  with  praelimitations  of  the  members,  or 
manner  or  matter  therof,  or  the  order,  so  farr  as  they  wer  destructive  to  its 
freedome ;  and,  since  it  mett,  they  shew  that  the  Comissioner,  by  protest- 
ing against  all  the  actes  therof,  had  furder  restrained  its  freedome,  as  also 
by  excepting  against  the  members  therof;  but  now,  since  the  Comissioner, 
after  seven  dayes'  sitting,  does  discharge  the  Assembly,  under  paine  of 
treasone,  for  such  causes  as  are  contained  in  the  Kinges  former  proclama- 
tione, or  the  bishopps  ther  Declinatour,  which  they  have  alreadye  (they 
saye)  fully  ansuered,  or  for  such  reasones  as  wer  proposed  in  the  eleven 
articles  givne  in  by  the  Comissioner  to  them,  which  lyckwayes  they  have 
fully  ansuered,  or  for  such  exceptiones  as  he  has  tackne  against  the  consti- 
tutione  and  actings  of  the  Assembly,  since  the  downe  sitting  therof ;  which 
lyckwayes  they  have  shewed  all  to  be  orderly  done  :  For  thes  causes,  and  out 
of  conscience  to  the  truth  of  God,  King's  honour,  churches  libertye,  etc. 
They    declare  that  they   cannot  dissolve  the   Assemblye,  First,  For  the 

•  See  Large  Declaration,  page  294.  Note  reader,  that  Historia  Motuum  [p.  188]  has 
sleighted  this  protestation,  and  setts  downe  one  which  was  made  afterwards  on  December 
[eighteenth]  at  Edinburgh,  for  it. 


Ch.  XXXIX.]  HISTORY  OF  SCOTS  AFFAIRS. 


33 


reasones  already  printed,  concernina;  the  iiecessitye  of  conveening  ane  As-  A.  D.  1638. 
sembly,  which  are  strenthned  by  his  Majesty's  indictione,  his  Comissioner's 
presence,  and  seven  dayes'  sitting,  and  the  King's  declaratione,  exhibite  by 
him  to  be  registred  in  ther  bookes.  Second,  For  the  reasones  made  in 
ther  former  protestationes,  to  which  they  now  judicially  adhere,  as  also  to 
the  Confessione  of  Faith  and  Covenant.  Third,  Because  the  booke  of 
policye,  registred  in  the  bookes  of  Assembly,  declares  it  unlaufull  for  to 
hinder  or  dissolve  Assemblyes ;  but  so  it  is  that  the  Confession  of  Faith, 
commanded  to  be  subscrybed  by  the  King,  does  relate  to  discipline,  as  it 
was  established  in  anno  1580.  Fourth,  Because,  secundum  legem  et  praxim, 
the  Kinge,  by  his  praerogative,  has  neither  grownde  nor  warrant,  by  acte 
of  Parliament  nor  Assembly,  to  dissolve  Assemblyes  :  But,  upon  the  con- 
trarye,  his  Majesty's  prerogative,  by  actes  of  Parliament,  is  declared  to  be 
no  wayes  praejudiciall  to  the  preivileidges  which  God  has  graunted  to  his 
spiritwall  office-bearers  of  the  churche.  Fiftli,  The  Generall  Assemblys 
have  been  in  use  for  to  proceede  without  interruptioue ;  as  may  wittnesse  ther 
procedur  against  Mr.  Robert  Montgomerye,  though  the  King  charged 
them  with  letters  of  horning  for  to  leave  off.  Sixth,  Because  now  to  dis- 
solve, after  all  ther  adresses,  preparations,  and  ther  convention  in  the 
Assembly,  wer  to  oifend  God,  and  to  increase  combustions  in  the  churche, 
and  deceive  all  men's  expectationes.  Seventh,  It  is  most  necessary  to  sitt 
still,  for  removall  of  the  praejudices  that  may  ensue  upon  the  subscriptione 
of  two  covenants  ;  the  first  being  a  nationall  covenant  with  God,  renewd, 
with  a  necessarye  explanatione,  which  corruptions,  introduced  since  thes 
tvmes  of  the  first  signing  therof,  has  enforced  us  to  adde :  Therefor  ther  is  a 
necessitye  for  to  determine  that  both  thes  Covenantes  are  but  one  and  the 
same,  etc.  Therfor,  they  protest,  for  themselves  and  others.  First, 
That  they  are  not  guiltye  of  any  ill  meaning  towards  the  Kinge.  Second, 
That  all  the  comissioners'  and  the  bishopps'  protestationes,  proponed  or  to 
be  proponed,  may  be  discussed  befor  the  Assembly,  as  the  highest  judge. 
Third,  That  the  Comissioner  depart  not  till  thinges  be  settled ;  and  they 
declare,  in  God's  presence,  that  they  shall  proceede  in  all  thinges,  without 
praejudice,  acording  to  the  lawes  of  the  launde,  actes  of  church,  God's 
worde,  and  the  light  of  ther  consciences.  Fourth,  That  if  the  Comissioner 
depart,  it  may  be  laufull  for  them  to  sitt  still,  till  all  thinges  being  settled, 
it  be  dissolved  by  common  consente.  Fifth,  That  it  may  be  holdne  for  a 
free  laufull  Generall  Assembly,  and  acordinglye  obeyd  by  all  the  members 


34  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A  D.  1638.  of  the  churche.  Sixth,  That  whatever  inconveniences  fall  out  by  ther 
sitting,  it  be  not  imputed  to  them,  but  to  the  prelatts  and  ther  adherents,  as 
the  disturbers  of  the  church,  and  overthrovcers  of  the  libertyes  therof ; 
whom  they  doe  citte  againe  and  againe  for  to  ansuer  befor  the  present 
Assembly,  and  to  defende  themselves  against  the  accusations  alleadged 
against  them  :  Lyckeas,  they  doe,  by  ther  present  protestatione,  summond 
and  cytte  all  the  lordes  of  the  Kinges  councell,  or  any  other,  who  have 
procured,  consented,  or  ratifyd  this  present  proclamatione,  to  be  ansuer- 
able  to  the  King  and  the  three  estates  of  Parliament,  for  ther  councell  givne 
in  this  matter,  conforme  to  the  acte  of  Parliament,  12  act,  Jacobus  IV., 
Parliament  2  ;  protesting  for  remedy  of  law  against  all  and  evry  one  of 
them.  Finally,  they  doe  adheare  to  all  their  former  protestationes ;  and 
since  in  this  they  wer  surprysed  by  the  Comissioner,  who  removed  and 
would  not  heare  them,  they  protest  that  it  shall  be  laufull  to  them  to  enlarge 
and  adde  mor  reasones  to  ther  protestatione,  for  ther  fuller  clearinge  ;  upon 
which  they  tooke  instruments.  This  was  done  in  the  high  churche  of  Glas- 
gow, in  the  audience  of  the  Assembly,  begunne  in  the  audience  of  the 
Comissioner,  who  removed,  and  refoosed  for  to  heare  the  rest  of  it  to  the 
ende,  Novembris  twenty-eighth,  and  upon  the  Mercatt  Crosse  of  Glasgow, 
Novernbris  twenty-ninth,  respective,  anno  1638. 

The  King's         XL.  Befor  I  proceede  to  the  history  of  the  Assembly  I  shall  heer  sette 

exceptions  to  jQ^,,g  ^-j^g  exceijtiones  tackne  against  this  protestatione  by  the   Kinffe.tO 
the  above  '■  _      "^  .  . 

protestation.  First,  He  observes  that  much  is  repeated  heer  which  was  in  former  protesta- 
tiones. Next,  He  questiones  how  they  could  protest  so  confidently  in  the 
name  of  noblemen,  barrons,  gentlemen,  ministers,  burgesses,  and  commons, 
subscrybers  of  the  Confessione  of  Faithe,  since  they  neither  wer  actwally 
nor  could  possibly,  in  that  space,  be  acqwaynted  with  what  past  at  Glasgow 
at  that  tyme.  Third,  "  That  the  Comissioner  first  indicted  ane  Assembly 
praelimited,  which  he  fynding  clearly,  made  a  journey  to  the  King  to  obtane 
a  free  Assembly,"  The  King  saves  it  is  false.  No  such  thing  was  done 
either  by  him  or  his  Comissioner ;  but,  on  the  contrary,  that  themselves 
did  praelimitate  the  Assembly,  the  Comissioner's  desyre  being  that  ther 
might  be  conference  concerning  the  forme  of  it,  because  that  Assemblyes, 
for  many  yeares,  wer  out  of  fashione,  and  so  ther  order  weer  forgottne. 
Fourth,  He  exceptes  against  ther  assertione  that  ther  Assemblye  was  consti- 

(1)  [See  the  King's  Large  Declaration,  p.  302 — 316.] 


Ch.  XL.]  HISTORY  OF  SCOTS  AFFAIRS.  35 

tute  "  of  such  members  as,  by  all  law  and  reasone  and  custome  of  that  church,  A.  D.  1638. 
wer  ever  admitted  in  ther  fi-ee  Assemblyes,"  since  they  knew  that  ther  was 
no  law  for  lay  elders'  voices  :  Next,  [he  asks]  if  ther  wer  reason  for  it,  that 
laickes,  many  of  them  ignorant  mechanickes,  should  sitt  in  the  highest  eccles- 
iastical] judicatorye,  and  by  ther  voices  determine  poyntes  of  faithe,  and 
by  ther  voices  inflicte  censures  of  excommunicatione  upon  ministers  and 
bishopps,  specially  since  they,  sitting  in  aeqwall  numbers,  weall  neer  with 
the  clergye,  if  they  gett  but  a  pairt  of  the  ministry  to  vote  with  them,  ther 
vote  may  carrye  it,  and  perhaps  the  learndest  and  holyest  men  [be]  thus 
overborne  in  vote  by  the  ignorant  multitude  :  Lastly,  he  deneys  that  ever 
ministers  wer  chosne  by  voice  of  ruling  elders  befor  that  tyme  for  to  be 
comissioners  to  Assemblyes.  Fifth,  He  challendged  ther  declaratione  and 
proceedings  to  want  synceritye,  because  they  aifirme  that  the  Comissioner 
"  did  unexpectedly  departe  and  discharge  any  furder  meeting  or  proceedino-  in 
this  Assemblye,"  which  themselves  did  notwithstanding  expect ;  for,  First, 
The  Earle  of  Rothesse  told  the  Commissioner  that  they  did  looke  for  the 
discharge  of  the  Assembly,  and  therfor  had  provyded  a  protestatione  ready 
wryttne,  which  they  desyrd  him  to  staye  and  heare,  and  it  was  putt  to  voices 
if  they  wold  adheare  to  it.  Second,  The  very  protestatione  itself  telles 
that  it  was  reade  first  in  the  High  Church,  then  at  the  Crosse  of  Glas- 
gow. Third,  The  moderator's  speeche  to  the  Comissioner  was  discovered 
to  be  praemeditated  and  penned  for  the  pourpose,  and  far  better  then  his  or- 
dinary extemporary  speeches,  which  did  lett  see  it  was  provyded  against  the 
Comissioner  his  removall.  Sixth,  To  ther  assertione,  "  that  they  had  fully 
satisfeed  all  the  reasones  of  the  bishopps'  Declinatour,  and  his  eleven  ar- 
ticles, and  that  the  Comissioner  acknowledged  it,"  he  sayes  it  is  untrue  ab- 
solutlye :  And  wheras  they  afErme  that  the  Comissioner  knew  that  the  ruling 
elders  wer  to  have  voice  in  the  electione  of  Comissioners,  he  sayes  its  true ; 
but  then  he  knew  not  how  to  helpe  it,  and  declared  his  opinion  against  it, 
that  the  King  would  not  be  satisfeed  therwithall;  and  that  ministers  wer  as 
ill  satisfeed  with  it  as  anye.  Seventh,  For  the  third  asertione,  he  does 
looke  upon  it  as  so  derogatory  to  royall  praerogative,  that  it  does  deserve 
no  ansuer  but  justice ;  being  that  therby  no  mor  power  is  givne  to  the  Kino- 
in  ther  Assemblye,  if  he  had  been  present  ther,  then  to  Thomas  Patersone, 
a  taylor  of  Edinburgh,  who  sate  Comissioner  ther.CO     Eighth,  He  deneyes 

(1)  [As  one  of  the  commissioners  i'rom  the  city  of  Edinburgh.] 


36  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

that  ther  Assembly  is  constitute  by  God's  worde,  though  they  doe  affirme 
it.  Ninth,  He  sayes  that  they  will  have  the  Comissloner's  seven  dayes 
stay  ane  acknowledgement  of  its  laufullnesse  ;  but  they  conceale  that  he 
entred  solemne  protestatione  against  evry  thiuge  they  said  or  did;  which 
will  iniplye,  if  they  argwe  right,  that  they  acknowledge  his  proclamationes, 
though  they  protest  against  them.  The  lycke  (sayes  he)  may  be  said  con- 
cerning the  Comissioner  his  exhibitione  of  the  King's  declaratione.  Tenth, 
He  sayes  ther  second  and  third  reasones  are  ther  oune  fancyes  :  They  have 
sworne  so,  and  interpreted  the  oathe  so,  therfor  they  must  adhere  to  all :  if 
ther  oathe  be  amisse,  it  is  unlaufuU  to  keep  it.  Eleventh,  For  ther  fourth 
reasone  he  ansuers,  it  is  an  untruth  altogether :  he  affirmes  he  has  power  to 
raise  Assemblyes ;  Pai'liament  21,  Jac.  6,  act  1,  gives  him  power  to  indicte 
Assemblyes;  therfor  to  raise  them.  Nam  ejusdem  est  destituere  cujus  est  insti- 
tuere.  And  for  that  they  doe  deney  that  ther  is  any  such  practise,  he  sayes 
it  is  untrue,  and  does  instance  the  Assembly  at  Aberdeen,  discharged  by 
Jacobus  VI.,  who  wer  conveened  befor  the  Lordes  of  CounceU,  and  deelyning 
ther  authoritye,  and  appealing  to  a  Generall  Assembly,  wer  fetcht  within 
compasse  of  treasone,  and  put  into  the  hands  of  the  judge  criminal.  Fur- 
der,  "  that,  by  dissolving  Assemblyes,  he  does  destroy  the  Church  preive- 
leidges,"  he  sayes  it  is  untrue  and  seditiouse:  and  histanceth  an  acteof  Par- 
liament to  the  contrary,  ratifying  Assembly  at  Glasgow,  June,  1610,  and  re- 
scinding the  1 14th  act  of  Parliament  anni  1592  which  gave  power  to  Generall 
Assemblyes,  in  some  cases,  to  indicte  new  Generall  Assemblyes.  Twelfth, 
To  ther  fifth  reason  he  ansuers,  it  does  not  conclude  because  one  Assembly 
did  wickeiUy,  ergo  another  may  doe  so  too;  and  willes  them  to  call  to  mynde 
how  they  wer  punished  who  kept  Aberdeen  Assemblye.  For  ther  sixth 
reasone,  he  deneyes  that  ther  is  any  reasone  in  it.  Thirteenth,  In  ther  se- 
venth reasone,  wherin  they  say  they  cannot  ryse  till  they  fynd  both  the 
Covenantes  one,  he  answers.  If  they  mean  the  Confession  of  Faithe,  they 
need  not  sitt  ane  hower  for  that  pourpose,  both  being  one  to  a  syllable :  But 
if  they  meane  ther  owne  additiones  and  explications,  wherby  they  destroye 
the  text,  then  they  must  sitt  till  the  world's  ende  ;  for  thes  two  will  never 
consist,  his  father's  Confession  of  Faith,  and  ther  glosses.  Next,  it  seemes 
they  thinke  not  both  Confessiones  one,  for  they  have  hindered  the  subscrip- 
tione  of  the  Confessione  enjoyned  by  him  ;  so  if  they  be  men  of  ther  worde, 
they  should  have  sittne  still  yet.  Next,  to  ther  protestationes,  he  ansuers, 
That  ther  first,  third,  fourth,  and  fyfth,  are  not  worth  the  readinge,  as  con- 


Ch.   XL.]  HISTORY  OF  SCOTS  AFFAIRS.  37 

taming  nothing  but  tautologies,  and  tacking  God's  sacred  name  in  vaine.  A.  D.  1638. 
For  ther  second  and  latter  ende  of  the  sixth,  he  conceaves  it  a  boldnesse  un- 
beseeminge  subjectes  for  to  reqwyre  the  Kinge's  Coraissioner  not  to  depart 
from  the  Assembly  till  they  wer  pleased ;  which  he  tackes  as  an  affront  to 
royall  authoritye.  And  for  ther  cittation  of  the  councell  for  to  answer  as  de- 
linquents before  the  King  and  three  estates  of  Parliament  (which  he  won- 
ders how  they  can  macke  three  without  bishopps)  ;  he  thinkes  it  a  cryme 
that,  for  its  boldnesse,  called  rather  for  admiratione  then  for  refutatione.  As 
for  the  Pai-liament,  act  12,  Jacobus  IV.,  he  thinkes  the  printer  has  printed 
it  amisse,  for  ther  [is]  no  word  of  Assemblyes,  rather  it  gives  too  much  to  the 
councell ;  but  he  thinkes  it  uswall  with  them  to  perverte  Scripture,  and  mis- 
cyte  actes  of  Parliament,  as  supposing  the  readers  will  not  be  at  the  paines 
to  peruse  them.  Lastly,  Wheras  they  lay  the  fault  of  raising  the  Assem- 
blye  upon  the  bishopps'  councell,  he  protestes  it  was  done  by  his  owne  spe- 
cial commandement,  when  no  bishopp  was  neer  him  to  give  him  any  such 
advyce.  And  for  ther  seventh  protestatione,  it  being  uswall  with  them,  he 
tackes  no  notice  now.  Finally,  He  concludeth  that  all  impartial  men  should 
judge  whither  he  could  any  longer  continow  that  Assembly,  without  endanger- 
ing his  authoritye,  they  having  perused  all  ther  actinges,  his  reasones  against 
them,  and  ther  protestationes.  He  did  shew  furder  that  liberty  and  limita- 
tione  are  not  destructive  one  of  another  ;  for  that  ft-eedome  which  admitteth 
no  boundes  is  not  libertye,  but  licentiousnesse.  And  then  for  a  conclu- 
sione,  he  shewes  what  reasone  he  had  for  to  except  against  ther  choise  of 
comissioners  ;  as.  First,  That  they  refoosed  to  treate  with  the  Comissioner 
concerning  the  manner  of  the  Assemblye,  or  matter  to  be  handled  ther, 
alledging  all  thinges  wer  to  be  handled  upon  the  place:  wheras  it  is  certaine 
they  directed  four  severall  papers  of  proclamations  from  ther  Tables,  two 
avowed,  and  others  sent  privatlye.  Second,  Some  Comissioners  chosne 
before  indictione  of  the  Assemblye.  Third,  Ther  laye  elders  forme  of 
choise  was  not  warranted  so  much  as  by  ther  bookes  of  discipline,  nor  agre- 
able  therunto  ;  and  though  it  had  been  so,  yet  it  did  not  relevate,  thes  bookes 
being  wryttne  by  private  men,  and  not  confirmed  by  Parliaments.  And, 
suppose  ther  had  been  law,  yet  fourty  yeares  prescriptione  reqwyred  a  newe 
reviving  of  the  law  befor  it  could  be  practised  ;  and  it  wold  be  thought  hard 
measure  in  a  prince  for  to  putt  in  practise  old  lawes,  and  tacke  penaltyes  for 
them,  without  a  new  intimatione.  Fourth,  In  many  presbytrves  the  lay 
elders  disagreed  wholly  in  ther  electione  from  choosing  thes  ministers  which 


38  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  ther  fellow  ministers  clioosed,  and  carry d  it  from  them  by  plurality e  of 
voices.  Fifth,  The  men  elected  as  laye  elders  could  not  be  thought  able 
and  fitt  men,  since  they  were  never  elders  befor  ;  all  or  most  of  them  newly 
chosne  ;  some  of  them  chosne  lay  elders  the  very  daye  befor  the  electione  of 
the  comissioners  to  the  Assemblye  ;  which  shewed  that  they  wer  chosne  to 
serve  the  turne  of  ther  associatts.  Sixth,  The  institutione  of  laye  elders 
is,  by  ther  oune  principles,  for  to  watche  over  the  manners  of  thoise  in  the 
paroshins,  wher  theye  doe  live.  Now  it  is  amisse  for  any  man  to  be  chossne 
elder  from  a  presbytrye,  who  is  not  ane  inhabitant  within  any  paroshine  of 
the  praecincte  of  that  presbytrye ;  and  yet  diverse  noblemen  wer  chossne 
ruling  elders  from  presbytres,  within  the  praecinct  wherof  they  never  did 
dwell ;  which  is  contrare  to  sence,  reasone,  and  ther  oune  groundes.  Se- 
venth, Ther  ruling  elders  have  assessors,  without  wlioise  consent  they  wer 
not  to  voice,  which  is  contrare  to  law  and  practise.  Eighth,  Lay  elders  are 
a  burthen  to  the  ministrye,  and  many  presbytryes,  forced  to  yeeld  to  them, 
did  proteste  against  it  in  the  tyme  to  come.  Ninth,  Some  comissioners 
wer  chossne  who  wer  not  fitte,  and  the  fittest  passed  by  ;  because  they  knew 
that  new  men  neither  knew  ther  oune  liberty,  nor  the  Assemblyes,  and 
would  easily  swallow  bothe  :  Some  comissioners  wer  under  churche  cen- 
sure, and  som  depryved  by  the  church  ;  some  expelled  out  of  uneversityes, 
for  readinge  doctrines  contrare  to  monarchy  ;  some  wer  banished  men ;  some 
wanted  ordinatione  ;  some  admitted  to  the  ministrye  lately,  contrary  unto 
the  standing  lawes  ;  and  all  chosne  by  laye  elders.  Tenth,  Diverse  members 
who  sitte  ther  wer  rebells,  and  at  the  borne.  Eleventh,  The  Kinge's  Co- 
venant, the  oath  of  alledgance,  the  oathe  of  supremacye,  ought  to  have 
been  tackne  by  all  who  sate  there ;  nor  is  any  man  capable  to  be  a  judge 
who  does  not  tacke  all  the  three  :  but  so  it  is,  that  thes  three  oathes  wer  not 
all,  or  not  at  all,  tackne  by  most  pairt  or  any  of  the  Assemblye. 
Unanimity  of  XL  I.  Thes  wer  the  exceptiones  tackne  by  the  King  against  ther  pro- 
the  Assembly,  testation,  and  the  constitutione  of  ther  Assemblye;  other  exceptiones  against 
der'Carse.  it  we  shall  heare  afterwardes.  The  Comissioner  is  now  removed,  who  ever 
since  his  downe  sitting  had  disturbed  them  with  protestationes ;  but,  uno 
avulso  non  deficit  alter,  Argylle  succeeded,  not  as  a  formalle  Comissioner 
from  the  King,  not  as  having  any  comissione,  but  as  a  director  and  as- 
sistant, as  it  has  been  told  alreadye.  During  the  Comissioner's  aboade,  it 
is  saide  that  few  ministers  spocke,  and  but  seldome.  Rothesse,  ane  Earle, 
is  saide  to  have  spockne  mor  that  tyme  then  all  the  ministers,  except  the 


Ch.  XLII.] 


HISTORY  OF  SCOTS  AFFAIRS. 


39 


moderator.  I  cannot  tell  how  truly  this  is  saide,  but  its  sure  ther  was  no 
minister  spacke  oftner  then  hee.  Ther  was  a  great  harmonye  observed  in 
ther  voting ;  for  whatever  the  first  man  who  was  called  in  the  rolle  (whoise 
name  was  Mr.  Alexander  Carsse,  minister  at  Pollwart,  one  of  the  comis- 
sioners  from  the  presbytry  of  Dunce)  did  vote,  all  the  rest  did  ordinarly 
follow ;  so  that  by  his  voice  the  Assemblyes  judgement  in  ende  beganne  to 
be  knowne,  and  the  calling  the  vote  of  the  Assembly  heer  (as  in  some 
which  followd)  grew  but  tediouse  to  the  hearers.  This  suffered  (then  and 
after)  but  ane  ill  constructione,  for  it  was  thought  to  be  done  by  a  palpable 
praeagreement.  Others  said  that  Mr.  Alexander  Carsse  would  be  mor 
famouse  to  posteritye  then  any  father  that  ever  had  sittne  in  any  generall 
councell,  Greeke  or  Latine  ;  for  he  behoved  for  to  bee  tackne  for  a  man  of 
unparalelld  judgement,  both  for  soundnesse  and  profouudnesse,  from  whoise 
judgement  not  one  of  the  whole  Assemblye  (except  Mr.  Robert  Baily  once) 
did  ever  swerve  in  the  least  particulare,  seing  the  rest  did  constantly  follow 
as  he  beganne.C^  But,  after  the  interruptione  of  so  many  protestationes  and 
proclamationes,  it  is  high  tyme  for  to  resume  the  threede  of  my  narration 
of  the  progresse  of  the  Assembly,  wher,  till  the  closure,  after  the  eight 
sessione  therof,  all  thinges  went  on  in  a  sweet  harmoniouse  unitye. 

XLII.  In  the  next  sessione,  ther  was  a  motione  made  for  tryall  of  the 
Assemblyes  of  the  churche,  which  had  been  holdne  as  foUowethe :  First, 
Ane  Generall  Assembly,  holdne  at  Linlithgow,  anno  1606.  Second,  Ane 
other  Generall  Assembly  holdne  ther,  anno  1608  ;  one  at  Glassgow,  1610; 
one  at  Aberdeene,  1616;  one  at  Saint  Andrews,  1617;  one  at  Peart, 
1618.  It  was  to  be  reqwyred  if  they  wer  to  be  holdne  for  laufulle  Assem- 
blyes, or  not.  Much  was  spocke  against  them,  but  nothing  for  them ;  for 
such  as  sate  ther  either  had  praecondemned  them,  or  else  wer  ignorant  how 
they  past,  and  could  say  nothing  for  them,  but  tooke  the  argumentes  for 
ther  nullitye,  mostly  upon  trust.  It  had  been  no  difficult  matter  to  have 
putt  ther  authoritye  to  a  presente  vote,  and  gottne  them  determined  un- 
laufull,  by  what  was  alledged  against  them  ;  but  it  was  thought  fitt  to  use 
some  formalitye  in  a  matter  of  so  great  weight ;  to  which  pourpose,  therfor, 
the  matter  is  referred  to  a  comittye,  *  or  select  number  of  ministers,  who 

(!)  [See  the  King's  Large  Declaration,  pp.  313,  316.] 
'  Comittye  nominate  wer,  Mr.  Jolme  Belle,  elder,  Mr.  Richard  Inglishe,  Mr.  Johne 
Robertsoune,  Mr.  Andrew  Woode,  Mr.  Andrew  Blaire,  Mr.  Andrew  Smythe.  Lordes 
Hume,  Sinclaire,  Cranstoun,  Yester,  Couper,  Baluierinoche.  Lairdes  Towey-Barcley, 
Sir  Thomas  Keer,  after  his  Peebles  comission  was  examined  and  declared  good.  [Compare 
Records  of  the  Kirk,  p.  lo4.] 


Trial  of  six 
Assemblies 
referred  to  a 
committee. 
Sessio  9a. 
NovembrisZO. 
Frydaye. 


40 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


Account  of 
six  Assem- 
blies, and  the 
High  Com- 
mission. 


A.  D.  1638.  wer  appoynted  for  to  search  the  registers  of  the  Assembly es,  and  for  to 
reporte  all  that  they  founde  concerning  thes  Assemblyes  worthy  to  be  tackne 
exceptione  against  them.  The  comitty  wer  very  diligent  in  ther  tryall  and 
enqwrye,  for  they  did  macke  ready  a  report,  in  foure  dayes  space  after  they 
war  delegated,  and  gave  in  such  reasones  against  evry  one  of  these  six 
Assemblyes  (as  we  shall  afterwardes  heare)  as  wer  allowed  all  of  by  the 
Assembly,  and  past  in  ane  acte  for  nullifying  them  ;  serving  thes  poor 
Assemblyes  with  that  measure,  which  since  they  have  begunne  for  to  serve 
ther  oune  withall.  But  because  it  may  be  worth  our  enqwyry  and  the 
reader's  paines  to  be  resolved  why  thes  six  Assemblyes  wer  nullifyed,  be- 
yonde  any  other  that  ever  had  been  holdne  befor  them  (though  not  after 
them),  I  shall  render  ane  short  acounte  of  the  ende  of  the  calling  of  thes 
Assemblyes,  and  the  principall  actes  and  passages  of  them. 

XLIIL*  In  the  year  1606,  King  James  did  indicte  ane  Assembly  of 
the  churche  at  Linlithgow,  December  tenth,  and  deputed  Sir  George  Hume, 
Earl  of  Dumbarr,  to  preseede  ther,  wher  wer  present  one  hundred  and 
thirty-six  ministers ;  noblemen  and  barrons,  and  others,  thirty-three.  The 
King  did  remonstrat,  by  his  letter,  to  the  meeting,  f  that  he  had  called 
them  cheefly  for  regulating  the  tumultuary  carriadge  of  some  of  the 
ministrye,  whom  in  vaine  he  had  essayed  to  pacifie,  (for  not  long  befor  he 
had  called  a  number  of  them  that  wer  questionable  for  speacking  against 
him  to  courte)  ;  but,  since  nothing  had  prevailed,  he  had  now  conveened 
them  to  sett  downe  such  rules  as  might  prevent  the  lycke  for  the  tyme  to 
come.  To  which  pourpose  overtures  wer  proposed  concerning  the  modera- 
tors of  presbytryes  and  provinciall  synods,  that,  in  the  severall  presbytryes, 
the  most  experienced  man  should  be  designed  moderator,  and  that  bishopps 
should  constantly  preseede  in  synods ;  and  thes  moderators  to  be  in  all  fol- 
lowing tyme  constant  members  of  the  Generall  Assemblye.  Thes  over- 
tures, with  some  cautiones,  wer  passed  in  ane  acte  by  the  Assemblye,  yet 
not  without  grumbling  of  manye  presbyterians,  who  saw  episcopacye  by 
this  meanes  setting  up  its  heade.  Nor  did  the  actes  gett  full  obedience  at 
first ;  for,  anno  1607,  the  Synode  of  Pearth  did  oppose  thes  actes,  and 
discharged  the  constant  moderator,  whom  the  Assembly  had  nominated. 
The  lycke  was  done  by  the  Synode  of  Fyfe. 


*  Note  reader  :  The  following  digrcssione,  concerning  the  six  Assemblys  aniiUed  at  Glas- 
gow, as  also  concerning  the  Highe  Comission,  pertaines  properly  to  the  First  Bookc  of 
this  Historye. 

t  Spottswood,  pag.  500.  [edit.  Lond.  1677.] 


Ch.  xliii.]  history  of  scots  affairs.  41 

In  the  year  1608,  the  King  toocke  occasione,  upon  the  revoult  of  Himtlye,  A.  D.  1638. 
Anguss,  and  Eroll,  to  poperye,  for  to  call  an  Assembly  at  Linlithgow,  in 
Julye,  wher  the  Earles  of  Dunbar,  Wenton,  and  Laudian,  preseeded  for  the 
Kinge.  [The]  Bishop  of  Orkney  [was]  elected  moderator  in  this  Assembly. 
Severall  actes  wer  past  against  papistes ;  nor  meete  I  with  any  thing  heer 
that  tended  to  the  promovall  of  episcopacye,  but  that  a  comissione  was  ap- 
poynted  to  be  givne  to  evrye  bishopp  within  his  diocesse,  for  apprehending 
jesuittes,  seminary  preestes,  excommunicate  papistes,  etc. ;  except  that  a 
bishopp  did  moderate. 

Afterwardes,  in  the  yeare  1610,  the  King  indicted  a  meetinge  at  Glasgow, 
June  sixth.  The  Earl  of  Dunbarr,  Sir  Johne  Prestone,  and  Sir  Alexander 
Haye,  secretarye,  preseeded  [for  the  King] ;  Spottswood,  bishop  at  that  tyme 
of  Glasgow,  did  [moderate.]  In  this  Assembly  it  was  declared.  First,  That  no 
Generall  Assembly  could  be  called,  without  the  Kinges  consente.  Second, 
That  bishopps  be  moderators  of  provinciall  Assemblyes ;  or,  in  ther  absence, 
such  as  they  should  appoynte.  Third,  No  excommunicatione  to  proceed, 
without  the  bishop's  knowledge  or  approbatione  ;  the  lycke  of  absolutione. 
Fourth,  Presentationes  of  churches  that  are  faUne  into  the  churche  handes, 
jure  devoluto,  to  be  disposed  of  by  the  bishoppes.  Fifth,  Ministers  ther 
suspentione  or  depositione  to  be  done  by  the  bishopp's  asistaunce.  Sixth, 
Ministers,  at  ther  entrye,  to  sweare  obedience  to  the  King,  and  to  his 
ordinarye  bishopp  diocesane.  Seventh,  Visitationes  to  be  by  the  bishopp, 
or  by  his  delegattes.  Eic/hth,  Bishopps  to  moderate  presbytryes  wher  they 
reseede;  or,  in  ther  absence,  such  as  the  bishopp  appoyntethe.  Ninth,  No 
ministers  to  dispute  against  thes  conclusiones,  nor  dispute  about  the  aeqwa- 
litye  or  inaeqwalitye  of  ministers,  as  tending  to  the  schisme  and  disturbance 
of  the  churche  its  peace. 

It  was  immediatly  after  this  Assembly  that  the  Archbishop  of  Glasgow 
and  the  Bishops  of  Brichen  and  Galloway  went  to  Londone,  and  wer 
consecrated  by  the  three  bishopps  of  London,  Eli,*  and  Bathe,  October 
twenty-first  [1610]. 

And,  because  it  wiU  fall  shortly  to  be  spockne  of  againe,  it  is  to  be  noted 
that  immediatly  after  this  the  King  gave  order  now  for  an  High  Comission 
to  be  sett  upp  in  Scottlande,  for  the  ordering  of  causes  ecclesiasticall.  It 
was  modelled  acording  to  the  patterne  of  the  English  High  Comissione  ; 

•    Dr.  Andrews. 


42  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.    and,  in  February,  anno  1611,  was  proclaimed,  with  the  approbatione  onlye 

of  the  bishopps,  and  such  of  the  ministrye  as  they  called  for  to  imparte  it 

unto ;  who,  yow  may  be  sure,  wer  not  rigide  presbyterians  :  But  ther  was 
no  approbatione  of  [a]  General!  Assembly  sought  therunto  ;  for  it  was  not 
very  lycke  that  it  would  have  been  obtained :  And  it  was  as  little  pleasing  to 
the  nobilitye  as  the  clergye  ;  for,  by  this  meanes,  they  sawe  mor  power  putt 
into  the  bishopps'  handes  then  they  lycked  weall  of ;  and  what  was  added  to 
the  bishoppes'  power  this  waye,  they  tooke  as  ane  restrainte  and  diminutione 
of  ther  oune  ;*  nor  is  it  any  mervaille  that,  after  the  beginning  of  the 
troubles,  one  of  the  thinges  that  they  did  first  declare  against  was  the  Highe 
Comissione.  The  summe  of  ther  power  in  direct  articles  was  as  followethe, 
for  I  am  not  to  transcrybe  all  that  has  been  spockne  by  such  as  have  anato- 
mised it,t  and  have  endeavoured  for  to  demonstrate  it  very  boundlesse  in 
its  consequences  of  its  power  :  Such  as  are  curiouse  may  see  the  booke 
themselves. 

First,  It  was  appoynted  that  nothing  should  come  before  the  Higli  Comis- 
sione, but  such  matters  as  bishopps  could  not  gett  rectifyd  in  ther  par- 
ticulare  diocesses,  or  which  they  neglected  to  trye.  Second,  That  bishopps 
should  resyde  at  ther  oune  cathedrall  churches,  and  repaire  them  if  they 
coulde.  Third,  Bishopps  should  visite  ther  diocesse  once  evrye  thirde 
yeare  at  leaste.  Fourth,  Or  at  least  once  in  seven  yeare  all  the  diocesse.(') 
Fifth,  That  the  boundes  of  dioceses  be  made  contigouse  and  proportionable 
one  to  another  ;  not  some  of  them  too  great,  others  too  little.  Sixth,  Pres- 
bytryes  to  be  but  of  ten  or  twelve  ministers  for  censuring  scandalls,  but  to 
excommunicate  by  the  bishop's  warrant ;  and  bishopps,  if  they  fynde  cause, 
shall  have  power  to  discharge  ther  meetings.  Seventh,  Ministers,  with  the 
bishopps'  approbatione,  shall  nominate  some  laickes  in  ther  paroshines  for 
to  asiste  in  repairing  of  the  churche,  provydinge  of  elements  for  the  cora- 
munione,  contributiones  for  the  poor,  witli  other  necessary  services ;  but  no 
laicke  ruling  elders  to  be  sett  up.     Eir/hth,  The  ministers  and  ther  asso- 

*  See  Spottswoode,  po<7<7.  514  et  515,  lib.  7. 

t  Mr.  David  Calderwood,  in  his  Altare  Dmnascenum,  [pp.  14 — 16,  edit.  Lugd.  Bat. 
1708]  has  givne  a  large  deductione  of  the  power  of  the  Highe  Comissione  ;  but  Spottswoode, 
Hist.  lib.  T.pagg.  514  e(  516,  does  mcntione  no  other  articles  of  ther  power,  but  such  as 
are  heer  sett  doune,  which,  as  the  juditiouse  reader  will  observe,  are  not  all,  and  some  of 
them  but  reductive  therunto. 

(1)  [According  to  Spottiswoode  (p.  514),  the  fourth  article  is,  "  That  every  Archbishop 
visit  his  Province  every  seven  years  at  least."] 


Ch.  xliii.]  history  of  scots  affairs.  43 

ciatts  to  censure  notoriouse  offendours  ;  or,  if  they  be  obstinate,  to  referre  A.  D.  1638. 
them  to  the  bishopp.  Ninth,  Ministers  shall  be  admitted  by  impositione  of 
handes  of  bishopps,  with  two  or  three  ministers  asisting  him;  and  a  booke 
of  ordinatione  to  be  drawne  upp.  Tenth,  The  electione  of  bishopps  shall 
be  acording  to  the  Conference  anno  1571;  and  that  vacante  sede,  the  deane 
and  chapter'"  shall  bee  vicarius  in  omnibus  ad  episcopatum  pertinentihus. 
Eleventh,  Deane  and  chapter  to  conveene  once  evry  yeare,  and  nothing  to 
be  done  except  they  bee  capitulariter  congregati ;  and  that  they  keep  a  re- 
gister of  all  that  passeth  and  is  done  concerning  the  administratione  of  the 
rentes  of  the  diocesse.  Twelfth,  Generall  Assemblyes  shall  be  called  by 
supplicatione  directed  to  the  King  ;  and  the  members  therof  to  bee  bishopps, 
deanes,  archdeanes,  and  such  ministers  as  are  chosne  by  the  reste.  Thir- 
teenth, No  youthes  to  preach  ordinarlye  in  publicke,  till  they  receive  impo- 
sitione of  handes  and  ordinatione. 

And  then  in  anno  1(312,  the  King,  by  his  letter,  discharged  summare 
excommunicatione  of  fugitives  who  wer  guiltye  of  capitall  crymes  and  durst 
not  compeere;  which  was  consented  unto  by  the  bishopps,  contrare  to  the 
principles  of  the  presbyterians,  as  afterward  was  scene  :  for  at  this  tyme, 
and  after  the  Assembly  of  Glasgow  1638,  summar  excommunicatione  came 
in  fashioue  agane,  and  was  made  greate  use  of ;  as  after  we  shall  heare. 

In  the  yeare  1616,  King  James  called  ane  Assembly  at  Aberdeene,  Au- 
gust thirteenth,  wher  the  Earl  of  Montrosse  was  Commissioner :  Wher, 
amongst  other  thinges,  [it  was  enacted,]  First,  That  a  booke  of  leiturgie 
should  be  drawne  upp  :  Second,  That  the  actes  of  the  Generall  Assemblyes 
should  be  gathered  and  putt  in  forme  of  canons  :  Third,  That  childeren 
being  catechised,  should  be  confirmed  by  bishopps.  To  thes  the  King  added 
some  others,  which  they  shewed  him  would  not  be  admitted  without  a  new 
Assemblye. 

Therfor,  anno  1617,  at  King  James  his  last  being  in  Scottland,  [he] 
came  to  Saint  Andrewes,  July  tenth,  wher  he  was  mett  by  the  archbishopps 
and  bishopps,  and  some  thirty-six  ministers  :  Wher  the  King  beganne  anew 
to  presse  the  overtures  which  befor  he  had  urged  after  Aberdeen  Assem- 
blye ;  but  nothing  was  then  concluded,  for  severall  of  the  ministrye,  by  ther 
protestation es,  did  oppose  any  conclusione  at  that  tyme.  All  thino-es,  ther- 
for, wer  putt  off  to  a  Generall  Assembly,  to  be  holdne  at  Saint  Andrews, 

(1)  ["  Dean  of  the  Chapter,"  according  to  Spottiswoode,  p.  515.] 


44  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  twenty-fifth  November,  1017  ;  at  which  dyett  the  Earl  of  Hadingtoune,  and 
Viscount  Stormont,  preseeded  for  the  Kinge.  But  all  that  could  be  con- 
cluded ther  was  privat  communione,  and  that  ministers  should  give  the 
elements  out  of  ther  owne  handes  to  the  people.     Other  thinges  wer  waved. 

But  ■  King  James  would  not  tacke  thes  two  actes  as  satisfactory  :  therfor, 
the  next  yeare,  being  1618,  he  indictes  ane  Assembly  at  Pearth,  August 
twenty-fifth,  wher  the  Lordes  Hadingtoune,  Carnegye,  and  Scoone,  wer 
Comissioners  for  the  Kinge.  Archbishop  Spottswood  moderated  that  As- 
semblye  ;  and  ther  at  last  the  King  gott  thes  articles  to  be  concluded,  which 
he  had  so  long  pressed :  Whiche  wer  five  in  number  :  First,  That  all  should 
kneele  at  the  communione.  Second,  That  private  communion  should  be 
administred  to  the  sicke.  Third,  Privat  baptisme,  in  caise  infantes  could 
not  befor  ther  deathe  be  transported  to  the  churche.  Fourth,  Childeren  to 
be  confirmed  by  bishopps,  when  they  wer  to  give  accounte  of  the  Catachesis. 
Fifth,  That  the  five  Christian  festivalls  of,  first,  Christmasse ;  second,  Pas- 
sion, or  Good  Fryday  ;  third,  Resurrection,  or  Pash  Daye  ;  fourth,  Ascen- 
tione  Daye ;  fifth,  Coming  of  the  Holye  Gohst,  or  Wittsunday,  be  observed 
yearly  in  the  Churche. 

It  shall  not  be  needfull  to  give  yow  any  furder  accompt  of  this  Assembly, 
which  was  solemnely  confirmed  immediatly  therafter  by  acte  of  Parhament :(') 
For,  many  yeares  befor  it  was  condemned  in  this  Assembly  of  Glasgow  1638, 
the  presbyterians  did  lett  loose  ther  pennes  against  it  and  its  formalitye, 
wrytting  a  booke  against  all  the  indirect  wayes  of  its  constitutione  and  trans- 
actiones;  which  was  afterwardes  ansuered  by  a  bishopp,*  and  is  to  be  seen 
in  print  as  yet  extante.  And  then  for  these  fyve  articles,  which  proved  a  rocke 
of  offence  to  the  presbyterians,  befor  ever  the  Assembly  of  Glasgow  satt 
downe,  ther  wer  polemicke  disputtes  in  printe  extant  against  thes  articles, 
and  against  episcopacye  itselfe  ;  though  the  most  pairt  of  the  authors,  as  being 
subject  to  the  episcopall  lashe,  did  at  that  tyme  conceale  ther  names.  But, 
having  givne  my  reader  some  accounte  of  thes  Asseniblyes,  and  the  endes 
•why  they  wer  conveened,  it  is  now  high  tyme  to  come  backe  to  our  comittye 
againe,  and  to  tacke  notice  of  thes  reasones  and  exceptiones  which  they  pre- 
sented against  them  to  the  Assembly  of  Glasgow,  which  yow  shall  heare  in 
the  twelfth  session,  December  fourthe. 

(1)  [The  Acts  of  the  Perth  Assembly  were  not  ratified  by  tlie  Parliament  until  1621.] 
*   Defence  of  the  Assembly  of  Pearthe,  by  Mr.  David  Lindsey,  Bishop  at  [Brechin.    See 
above,  vol.  i.  p.  95,  note]. 


Ch.  XL  v.] 


HISTORY   OF  SCOTS  AFFAIRS. 


45 


XLIV.  Upon  the  first  of  December,  the  Assembly  conveend  betymes  in 
the  morning,  but  did  not  sitt  long,  because  of  severall  ministers,  members 
of  the  Assemblye,  who  wer  to  preache  the  next  daye,  being  the  Lorde's 
daye,  in  Glasgow,  and  some  of  the  neerest  places  adjacent  therunto.  Yet 
that  day  the  controverted  comissione  from  the  presbytrye  of  Peebles  was 
approved  (of  which  I  spake  befor)  ;  and  next  ther  was  a  processe  givne  in 
against  Mr.  David  Mitchell,  minister  of  Edinburgh,  and  it  was  publickly 
reade.  The  crymes  laid  to  his  charge  wer.  Firstly,  That  he  defended  all  the 
poyntes  of  Arminianisme  in  his  sermones.  Secondli/,  That  he  had  publickly 
taught  many  poyntes  of  poperye,  and  that  he  had  oftne  most  insolently  in- 
veighed against  the  Confessione  of  Faith  of  the  Churche  of  Scottlande  befor 
many  wittnesses,  who  had  deponed  all  this  upon  oathe.  Next,  That  without 
advyce  or  consent  of  the  Churche,  and  against  the  mynde  of  the  presbytrye 
and  sessione,  he  had  publickly  readde  the  Service  Booke.  Finalhj,  That 
he  had  appealed  from  the  Synod  to  ane  Generall  Assembly  ;  yet,  that  now 
being  called  upon,  bee  had  willfully  absented  himselfe ;  to  all  which  contu- 
macye,  he  had  superadded  his  subscriptione  to  the  bishops'  Declinator  ;  for 
which  contumacy  alone  (albeit  he  had  been  innocent  of  all  the  rest),  they 
judged  him  worthy  to  be  deposed  from  the  ministrye,  and  excommunicated, 
by  vertwe  of  the  acte  of  Assembly  1582. 

The  lyckethinges  wer  objected  against  Dr.  Patricke  Panter,  preacherC)  at 
Saint  Andrews  :  And  then  his  colleague,  Mr.  Alexander  Glaidstons'*  accusa- 
tione  was  reade  of  that  same  nature  with  the  former  two  ;  which  was  distin- 
guished fi-om  the  rest  in  this,  that  he  was  charged  with  ordinary  drunk- 
nesse  and  profanitye  of  lyfe  and  conversatione :  And,  after  the  reading  of  thes 
processes,  the  Assembly  voiced  them  guiltye  of  the  forsaide  crymes.  The 
bishopps  wer  lyckewayes  called  upon  with  ther  adherents,  and,  amongst 
others.  Dr.  Eliot,  though  no  subscribent  of  the  bishopps'  Declinator  ;  and 
after  this  the  sessione  ended. 

XLV.  Upon  Moonday,  December  third,  the  Assembly  satt  downe  againe; 
wher  first  Argylle  stoode  up,  and  made  a  short  speeche  (though  no  member 
of  the  Assembly),  exhorting  all  that  wer  present,  specially  the  ministers, 
to  speacke  respectfully  and  sparingly  of  the  King  and  his  royal  praeroga- 

(1)  [Dr.  Patrick  Panter  was  Professor  of  Divinity,  and  Principal  of  the  New  College,  at 
St.  Andrews.  His  Latin  poem  on  the  exploits  of  Wallace  has  been  much  admired.  See 
Baillie's  Letters,  vol.  i.  p.  123.] 

•   Archdeane  of  Saint  Andrews,  and  preacher  ther. 


A.  D.  1638. 

Processes 
against  Mr. 
David  Mit- 
chel,  Dr.  Pat- 
rick Panter. 
and  Mr. 
Alexander 
Gladstanes. 

Sessio  10«. 
Decembris  1. 
Saturdaye. 


Argyle's 

speech. 

Speeches 

concerning 

Arminianism. 


46  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1038.    tive;  telling  them  that  ther  wer  spyes  upon  the  Assembly,  who  tooke  par- 

~  ticular  notice,  and  related  all  that  was  spockne,  either  in  privat  conference, 

Decembrisi.  pulpitts,  or  Assemblye,  or  whatever  was  done :     He  saide  that  so  good  and 

Moondaye.  gratiouse  a  prince  would  be  mor  moved  with  ther  proceedings  by  ther  mo- 
destye,  then  by  ther  arrogant  loftye  speeche,  which,  he  saide,  was  good  for 
nothing,  but  rather  to  encrease  then  quensh  wrathe,  and  that  it  was  for  the 
good  of  the  Church  so  to  doe ;  To  the  ende,  therfor,  that  the  innocent 
should  not  suffer  for  the  guiltye,  he  exhorted  them  all  to  be  sparing,  or  ra- 
ther silent,  in  thes  thinges,  wherby  no  beneifitt  could  be  reaped,  but  rather 
losse  to  the  whole  kyngdome.  Ardgylle  his  exhortatione  was  seconded  by 
the  moderator  ;  who,  first  giving  his  Lordship  thankes  for  his  good  and  zeal- 
ouse  councell,  saide  that  the  Lord  of  Heaven  was  judge,  the  kirke  index, 
and  the  magistrate  vindex :  He  exhorted  all  to  give  evry  one  his  dew,  and 
wished  all  ther  present  to  carry  as  in  the  presence  of  God,  the  kirke,  and 
kyngdome.  The  occasione  of  this  warning  was  a  sermon  preached  the  day 
befor,  by  Mr.  George  Gillespye,  then  minister  at  Weems  (who  afterwarde 
grew  mor  remarkable)  :  His  text  was,  "  The  King's  heart  is  in  the  handes  of 
the  Lorde,"  etc. ;  which,  albeit  to  the  judgement  of  the  hearers,  he  did  handle 
pertinentlye,  yet  they  thought  it  was  little  prudence  in  him  (who  was  not 
so  much  as  a  member  of  the  Assemblye),  a  young  man,  for  to  speacke  so 
freely  concerning  the  Kinge's  power,  at  such  a  tyme  as  it  was  spockne- 
Otherways,  all  wer  satisfeed  with  his  doctrine ;  and  Argylle  and  the  moder- 
ator kept  themselves  in  generall,  without  any  reflection  on  him,  though  it 
was  knowne  whom  they  meaned.(') 

Then  the  moderator  spocke  to  the  Assembly,  shewing  them  that,  since 
Arminianisme  was  beginning  to  spring  upp  in  the  churche,  it  wer  good  to 
choke  it  in  the  beginning,  and  therfor  thought  fitt  that  some  of  the  ministers 
present  should  macke  a  short  refutatione  of  the  five  articles.  To  this  pour- 
pose,  Mr.  David  Dickson,  minister  at  Irvin,  had  been  befor  advertished  to 
prepare  himselfe  ;  who,  now  being  called  upon  by  the  moderator,  did  macke  a 
long  exhortatory  refutatione  of  Arminianisme,  too  tediouse  to  be  sett  downe 
heer.(2)  The  summe  of  it  tended  to  shewe  that  ther  errors  stoode  upon  four 
pillars.  First,  That  the  Arminians  did  place  electione  in  man  towards  God, 
and  not  in  God  towards  man.     Second,  That  they  placed  the  deathe  of 

(1)  [See  Stevenson's  Hist,  of  Church  of  Scot.  vol.  ii.  pp.  602,  603.] 

(2)  [See  it  at  length  in  Records  of  the  Kirk,  p.  156—159.] 


Ch.   XLVI.] 


HISTORY  OF  SCOTS  AFFAIRS 


47 


Chryste  in  a  covenant  betuixt  God  and  man,  as  man  was  in  the  state  of  in- 
nocence.(0  Third,  In  man,  his  actual  conversione  to  God,  that  they  did  at- 
tribute too  much  to  man  his  co-operatione,  graunting  God  once  to  have  free 
will  to  man,  but  to  man  the  whole  glorye  of  the  executione  and  prosecuting 
this  redemption.  Fourth,  That,  in  the  state  of  perseveraunce,  they  sett 
man  alone,  and  not  with  God's  grace,  as  the  meane  acording  to  the  elec- 
tione.  After  he  had  instanced  the  Arminian  argumentes  to  mantane  thes 
tenents,  he  then  ansuered  all  ther  objectiones. 

When  Mr.  David  Dickson  had  made  ane  ende,  the  moderator  did  request 
Mr.  Andrew  Ramsey  to  speacke  something  to  that  poynte,  whom  he  affirmed 
to  his  knowledge  (though  unadverished),  yet  alwayes  to  be  in  readinesse 
against  suche  errors.  Mr.  Andrew  ansuered,  that  he  should  speacke  what 
was  presently  come  into  his  thought ;  so  he  fell  on,  in  the  next  place,  and 
having  expounded  the  goldne  chaine  of  God's  electione,  of  his  gi-ace  and 
mercye,  he  did  refute  all  the  errors  of  the  Arminians,  drawing  them  to  fyve 
heades,  to  the  great  satisfactione  of  all  the  Assembly,  specially  of  the  most 
pairt  of  the  ruling  elders ;  who,  with  a  devoute  ignoraince,  applauded  thes 
deep  poynts  with  ane  implicite  faithe,  although  many  doubted  if  all  of  them 
understood  either  the  Arminian  tenents,  or  the  refutatorye  argumentes  ther- 
of :  But  that  was  all  one,  they  wer  sure  to  saye  with  the  reste. 

XLVI.  And  now,  after  many  publicke  citationes  at  the  church  door, 
they  beganne  for  to  examine  the  severall  processes  of  the  bishops.  In  order 
to  this,  ther  wes  a  roUe  of  wittnesses  givne  in,  who  wer  present  and  ready- 
to  depone  upon  oathe  against  the  Bishop  of  Galloway,  Mr.  Thomas  Syd- 
serfe.  It  was  urged  by  the  bishopp's  accusers,  that  the  several  wittnesses 
oathes  might  be  tackne  judicially  befor  the  Assemblye,  that  therafter  they 
might  be  examined  befor  a  comitte  appoynted  for  that  pourpose.  But  at 
this  instant  comes  in  one  of  the  Bishop  of  Orkncye's  sonnes,  with  letters 
from  his  father  ;  wherin  he  did  at  first  excuse  his  absence  from  the  Assem- 
blye, by  reasone  of  his  infirmitye,  and  then  declared  that  he  submitted  him- 
self to  the  Assemblye  in  full  wordes  which  wer  "  that  he  should  be  ready 
and  willing  for  to  performe  what  should  be  imposed  or  reqwyred  of  him." 
This  was  a  matter  of  joye  to  all  the  Assembly,  but  of  as  much  detestation 
to  all   bishopps,    or  such  as  wer  episcopall ;    particularly  to  Joseph   Hall, 


A.  D.  1638. 


Bishop  of 
Orknay  sub- 
mitts  to  the 
Assembly ; 
alsoSirAxchi- 
bald  Stuart 
of  Blackhall; 
also  Mr.  John 
Forbes,  an 
Anti- Coven- 
anter, and  on 
his  way  to 
Ireland.  Mr. 
Mitchel  de- 
posed, and 
ordered  to  be 
excommuni- 
cated.   Com- 
mittee to  ex- 
amine into 


(1)  [Dickson's  words  are  these  :  "  They  extend  Christ's  death  in  drawing  on  a  bargane 
betwixt  God  and  man,  to  put  man  in  the  termes  that  Adam  fell  into,  that  man  may  take  a 
new  essay  of  himselfe,  by  the  force  of  imiversall  grace,  to  hold  his  feet  where  Adam  fell."] 


48 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


A.  D.  1638. 

exception- 
able things 
against  the 
ministers  of 
Edinburgh. 
Witnesses 
against  the 
Bishop  of 
Galloway. 


bishopp  of  Norwiche,  who  was  so  unsatisfeed  with  the  bishop  of  Orkne 
for  his  submissione,  that,  upon  that  very  accounte,  in  a*  booke  wryttne  by 
him  shortly  after,  Joseph  Hall  reflectes  upon  him,  and  twittes  him  sharply, 
as  a  man  most  unworthy  to  have  been  a  bishopp. 

The  bishopp  of  Orkneye's  excuse,  which  did  cast  the  fault  of  his  absence 
on  the  distance  of  the  way,  winter  seasone,  and  his  oune  old  age,  being  sea- 
soned with  the  first  fruictes  of  the  episcopall  submissione,  made  all  proceed- 
ing against  him  to  [be]  demurrd  for  that  tyme. 

It  was  a  high  tyde  of  proselyttes  now :  For  after  this,  in  comes  a  minister 
with  a  comissione  from  Sir  Archbald  Steward  of  Blackhalle,  counceller ; 
who,  in  Sir  Archbald's  name,  declard  to  the  Assembly  that  he,  the  saide 
Sir  Archbald  had  not  putt  his  hande  to  the  Kinge's  proclamatione  made 
lately  at  Glasgow ;  next,  that  he  would  stand  to  his  subscriptione  of  the 
Covenant,  affirming  his  relligione  at  his  subscriptione  and  now  to  be  one 
and  the  same,  which  was  sett  downe  in  the  first  Covenant  and  profest, 
anno  1580. 

After  him  came  in  one  Mr.  Johne  Forbesse,(')  brother  to  Sir  William 
Forbesse  of  Cragivarr ;  who  having  left  off  his  pourpose  of  going  for  Ire- 
lande,  being  then  in  his  journey,  and  ane  opposer  of  the  Covenante,  stept 
into  the  Assembly,  and  solemly  engadged  himself  therunto.  This  chaunge, 
so  soddaine,  was  thought  a  great  mercye  ;  howbeit  such  as  looked  furder 
then  the  outsyde  of  thinges,  knew  the  impulsive  cause  of  his  soddaine 
chaunge  to  have  ilowed  from  a  privatt  advertishment  that  he  had  to  recall 
him  ;  wherin  he  was  certifyde  by  his  elder  brother,  that  Mr.  David  Ballan- 
tyne,  minister  at  Kincardln,(-)  was  lately  decesed,  and  that  churche,  which 
is  a  very  considerable  benefice,  vacant :  And,  to  his  great  comfort,  he  knew 
that  it  was  at  the  disposall  of  his  eldest  brother,  then  patrone.  Yet  thinges 
wer  so  handsomly  carryde,  that  a  bearer,  with  a  packett,  came  to  him,  and 
gave  publicke  appearance,  some  four  howers  after  the  saide  Mr.  Johne  his 
subscriptione,  with  the  newes  of  Mr.  David  Ballantyne  his  death,  and  a  de- 
syre  from  his  brother  to  returne  and  leave  his  journeye ;  which  was  inter- 


*  Joseph  Hall's  Episcopatus  Juris  Divini. 

(')  [John  Forbes,  parson  of  Kincardine,  younger  brother  of  Sir  William  Forbes  the  first 
baronet  of  Craigievar,  and  nephew  of  Patrick  Forbes  of  Corse,  Bishop  of  Aberdeen.  See 
Douglas'  Baronage,  p.  76  Mathew  Lumsden's  Genealogy  of  the  House  of  Forbes,  p.  22. 
Inverness,  1819.     Records  of  the  Kirk,  p.  160.] 

(2)  [Kincardine  O'Neil,  then  one  of  the  richest  benefices  in  the  diocese  of  Aberdeen.] 


Ch.   XLVII.] 


HISTORY  OF  SCOTS   AFFAIRS. 


49 


preted  by  such  as  tooke  all  for  current  coyne,  to  be  a  gratiouse  providence 
in  behalf  of  the  new  proselyte.* 

For  a  closure  of  this  sessions,  Mr.  David  Mitchell  (of  whom  befor)  was 
thryce  publickly  citted ;  his  processe  all  readde  over,  his  censure  was  voted ; 
and,  without  a  contrarye  voice,  he  was  degraded  from  the  ministrye,  andt 
ordained  to  be  excommunicated.  After  this  ther  was  a  comittye  J  appoynted, 
who,  after  the  rysing  of  the  Assembly,  should  sitt  and  cognosce  upon  some 
thinges  givne  in  against  the  ministers  of  Edinburgh,  and  some  other  minis- 
ters about  Edinburgh,  which  last  action  did  putt  ane  ende  to  this  sessione. 

XLVII.  Upon  Tewsdaye,  the  fourth  of  December,  the  twelfth  sessione 
of  the  Assembly  was  holdne ;  wher  the  Arminians  were  staged  anew  (ther 
doctrine,  not  ther  persones,  for  I  fynde  of  none  that  was  putte  to  it  by  waye 
of  dispute  in  the  Assembly  upon  that  accompt)  :  To  which  pourpose  the  mo- 
derator desyred  Mr.  Robert  BaiUie,  minister  at  Kilwining,  for  to  fall  on 
(whom  befor  he  had  advertished  to  be  ready  to  speacke  to  that  poynte). 
Mr.  Baillie  drew  out  his  papers,  and  reade  a  refutatione  of  Arminianisme, 
wryttne  by  himself,  printed  since  ;f')  therin  he  shewed  the  ryse  and  pro- 
gresse  and  history  of  Arminianisme  ;  he  had  ane  examen  of  ther  doctrine, 
and  refooted  it  out  of  the  Scripture,  and  out  of  St.  Augustine's  wryttinges 
cheefly  amongst  the  fathers  of  the  Churche  ;  and,  lastly,  he  ansuered  ther 
objectiones ;  which  discourse  gott  ane  uniforme  approbatione  from  all  the 
Assemblye  as  a  solide  and  sinnewye  disputatione. 

That  which  was  thought  a  straunge  kynde  of  proceeding  against  the 
Arminians  was.  That,  upon  the  report  of  three  ministers,  the  whole  Assem- 
bly did  condemne  all  the  Arniinian  tenents ;  and,  which  is  yet  straunger, 
That  they  did  not  defyne  thes  tenents,  nor  have  emitted  a  synodall  suffi'eige  : 
so  that  to  this  daye  it  is  hardly  knowne,  furder  then  the  generall,  what  wer 
the  poyntes  of  Arminianisme  condemned  by  this  Assemblye,  and  how  farr. 


A.  D.  1638. 


Anninian- 
ism  con- 
demned. Mr. 
Robert  Bai- 
ley's speech 
against  it. 
Committee 
to  censure 
the  ministers 
of  Edin- 
burgh.   Mr. 
Alexander 
Gladstones 
deposed. 
Sessio  12a. 
Decembris  4. 
Die  Martis. 
Tewsdave. 


*  See  MS.  Hist,  of  the  Assembly  of  Glasgow. 

t  Nota.  Mr.  William  Spang,  in  his  Historia  Motuum,  [p.  199],  mentions  not  the  last 
pairt  of  Mr.  David  Mitchell  his  censure. 

X  This  Comittye,  see  joa<7. 30,  session  twelfth,  at  lenth.  Spang  putts  it  to  session  eleventh  ; 
but  Mr.  T.  A.  [Thomas  Abernethy]  in  his  MS.  to  session  twelfth.  Tanta  est  Concordia 
Jratrum.  [The  Committee  seems  to  have  been  appointed  in  the  twelfth  session.  See 
Records  of  the  Kirk,  p.  160.     Baillic's  Letters,  vol.  i.  p.  124.] 

(>)  [Dr.  Irving  enumerates  two  works  by  Baillie  on  the  subject  of  Arminianism,  "  An 
Antidote  against  Arminianism,"  and  "  A  Scotch  Antidote  against  the  English  Infection  of 
Arminianism.  Lond.  1652."  See  Irving's  Lives  of  Scotish  Writers,  vol.  ii.  p.  68.  Ste- 
venson's Hist,  of  Church  of  Scot.  vol.  ii.  p.  608.] 


50  HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 

A.  D.  1638.  or  how  many  they  condemned.  The  King,  in  his  Great  Declaratione,  * 
stickes  not  to  tell  us  that,  under  the  name  of  Arminianisrae,  they  did  then 
condemne  many  thinges  receaved  by  all  the  Reformed  Churches;  which  the 
King  could  as  weall  judge  of  if  it  wer  true  as  the  most  of  the  ruling  elders 
who  sate  ther,  not  to  say  ministers.  And  it  was  thought  a  straunge  pro- 
cesse  to  accuse  bishopps  and  ministers  (as  was  befor  spockne),  and  condemne 
them  for  Arminianisme  before  Arrainianisme  was  condemned ;  no,  not  once 
to  licence  them  for  to  retreate  ther  opinione ;  a  courtesy  not  refoosed  to 
heretickes  in  the  purer  tymes  of  the  Churche.  How  ther  ansuer  to  all  this 
"  that  Arminianisrae  was  poperye,  and  under  that  name  was  abjured  by  the 
Confessione  of  Faithe  of  the  Churche  of  Scottlande"  will  satisfee,  I  leave 
it  to  evrye  reader  to  considder  and  determine  ;  selng  that  I  wrytte  other 
mens  censures  and  challendges  but  not  rayne  owne,  as  unwilling  to  mLxe 
annalls  and  critickes  together. 

Arminianisme  being  condemned,  there  was  ane  indytment  givne  in  against 
Mr.  William  Maxwell,  minister  at  Dunbarr ;  wherin  he  was  accused,  pairtly 
for  hereticall  doctrine,  pairtly  for  scandalouse  and  lewde  lyfe  and  conversa- 
tione,  as  :  First,  That  a  man  might  keepe  the  law,  otherwayes  that  God 
wer  unjust  to  impose  it  upon  man.  Second,  That  the  distinctione  of  sinue, 
in  mortall  and  veniall,  was  lauful  and  justifiable.  Third,  That  the  sainctes 
might  fall  awaye  ;  that  he  kneeled  befor  the  Eucharist  was  givne ;  that  he 
tooke  silver  out  of  the  church-boxe,  and  disposed  of  it  without  consent  of 
his  sessionall  elders,  and  that  he  did  not  restore  it,  etc. 

Then  up  stoode  James  Cochrcine  and  Thomas  Paterson,  rulinge  elders 
fi'om  Edinburgh,  desyring  a  comittyet  to  be  nominate  to  censure  the  minis- 
ters of  Edinburgh.  Ther  reasones  wer,  because  of  the  averssnesse  of  the 
people,  both  from  the  persones  preaching  and  conversationes  of  ther  minis- 
ters ;  and  so  much  the  rather  because  they  had  declyned  the  Assembly  then 
sitting  at  Glasgow  ;  as  also  by  reasone  of  the  great  necessitye  of  Edinburgh, 
in  some  measure  destitute  of  preachers  (of  whom  some  wer  now  degraded 

*  See  the  Large  Declaratione,  ptiffff.  319  et  320,  wher  it  is  instanced  against  this  ansuer 
"  viz.  that  Arrainianisme  and  Popery  are  one,"  that  the  Dominicans  and  the  Jesuitts  dift'er 
heerin  as  much  as  the  Protestants  did,  yet  both  of  them  popish  :  Secundli/,  That  the  Lu- 
therans, who  adhere  to  the  Augustan  Confessioiie,  doe  hold  the  Arminian  tenents,  yet  are 
they  the  first  protestants ;  so  that  it  was  ridicolouse  for  to  condemne  that  as  popery,  or  any 
of  thes  tenents  as  popish,  which  learned  men  amongst  the  papistes  reject,  and  also  learned 
men  amongst  the  protestants  mantaine      See  mor  in  that  place  to  this  pourpose. 

f    Videpag.  praeceding. 


Ch.  xlviil]  history  of  scots  affairs.  51 

by  the  Assembly*),  and  they  unwilling  to  keep  others.     This  request  was  A.  D.  1638. 
weall  entertained,  and  ther  desyre  graunted ;    the  comittye  appoynted  to 
consiste  of  noblemen,  barrons,  ministers,  burrows,  who  wer  to  judge  of  the 
ministers  of  Edinburgh  ther  abilityes,  as  also  the  delinquencyes  of  some 
adjacent  ministers,  such  as  Leith,  Dunbar,  and  some  other  places. 

Next  came  ane  accusatione  against  Mr.  Alexander  Gleddstans,  minister 
at  Saint  Andrews.  It  was  lybelld  against  him.  That  he  was  a  runnagate,  a 
beastley  drunkard,  of  which  cryme  many  instances  wer  alledged  unfitt  to 
be  repeated;  that  the  contributione  gathred  for  the  releefe  of  the  poor  mi- 
nisters of  the  Palatinate  was  by  him  converted  to  his  owne  use,  and  never  de- 
ly vered ;  [that]  in  his  doctrine  he  said  that  the  Jesuittes  wer  good  and  sownde, 
ours  the  contrarye;  also,  that  he  railed  against  the  Covenanters,  calling 
them  brainsicke  rebells  ;  that  he  was  slacke  in  discipline,  and  never  punished 
sinne ;  that  he  practised  the  Articles  of  Pearthe  before  they  wer  enacted  by 
ane  Assemblye ;  that  he  swore  great  oathes  he  had  rather  deney  God  than 
be  a  puritane  ;  that  he  was  sure  that  the  author  of  The  Practise  of  PietyeO 
was  condemned  in  hell,  for  that  booke  made  all  the  ladyes  in  the  land  puri- 
tanes.  He  was  not  present  to  ansuer  for  himself;  therfor  witnesses  wer  ad- 
mitted and  sworne :  What  was  proved  is  not  come  to  our  knowledge  ;  how- 
ever the  result  was,  he  was  voted  to  be  deposed  from  his  ministrye,  and  that 
without  one  contrare  suffreige.  It  would  seerae,  if  all  the  lybell  wer  truthe,  if 
we  reflect  upon  the  justice  done  to  other  ministers  since  that  tyme,  and  then 
in  the  lycke  cases,  that  the  Assembly  wer  blame  worthye  for  so  gentle  a  cen- 
sure as  a  simple  depositione,  without  any  additionall  censure  ;  but  if  they  wer 
guiltye  of  any  sinne  of  ommissione  that  way  at  this  Assembly  (which  many 
think  they  were  not),  yet  that  error  was  fully  amended  in  the  followng  yeares 
by  Generall  Assemblyes,  Church  Comissione,  Synods,  and  Presbytryes. 

XLVIII.   And  now  at  last  that  comittye  which  was  appointed  to  trye  Committee's 

the  sex  last  Generall  Assemblyes,  rave  in  ther  declaratione  and  iudg-ement  ^^ceptions 

to  the  six 
of  the  unlaufullnesse  of  all  and  evrye  one  of  them :   Which  they  grownded  Assemblies. 

pairtly  upon  reasones  tackne  out  of  the  registers  themselves  of  the  Assem-  They  are  de- 

blyes,  or  out  of  the  registers  of  presbytryes.     Secondly,  From  King  James  f„]_ 

Sixth  his  letters.      Thirdly,  From  the  testimoney  of  some  ministers  present 

•  Mr.  D.  M.     [Mr.  David  Mitchell.] 
(I)  [This  work  was  written  by  Bayly,  bishop  of  Bangor  from  1616  to  1631  ;  it  was  trans- 
lated into  the  Welsh,  Hungarian,  and  Polish  tongues ;  more  than  fifty  editions  of  it  were  pub- 
lished in  the  course  of  a  hundred  years.] 


52  HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 

A.  D.  1638.   in  this  Assembly,  who  had  been  eye  witnesses  to  the  proceedings  in  the 

former  sex,  as  they  affirmed.     The  course  that  they  tooke  for  nuUifyng  them 

was  the  informalitye  of  their  calling,  or  constitutione,  or  procedur.  Thus 
they  wer  pulled  upp,  roote  and  braunche,  without  passing  any  censure  upon 
the  actes  of  thes  former  Assemblyes  as  voide  of  themselves,  ex  capite  ini- 
quitatis ;  for  this  was  ane  easyer  and  neerer  waye.  The  exceptiones  wer 
drawne  upp  in  wrytte  by  the  comitte,  and  readde  in  the  face  of  the  Assem- 
bly, albeit  some  wer  of  opinion  that  all  thes  exceptiones  wer  in  readinesse 
befor  either  Assembly  or  comittye  satt  downe,  and  that  ther  was  a  praede- 
termination  to  condemne  thes  six  synods  upon  any  accompt :  It  is  certaine 
that  some  of  them  wer  so  much  qwarelled  with  that  long  befor  the  Assem- 
bly at  Glasgow,  the  Assembly  at  Pearth,  both  its  formalitye  and  its  five 
articles,  did  aiford  matter  to  many  pennes,  according  as  they  wer  affected  or 
disaffected  to  it,  for  to  dispute  for  it  or  against  it.  The  summe  of  ther 
reasones  for  nullyfyng  all  and  each  of  the  six  wer  as  foUowethC) : 

It  was  alledged  against  the  Assembly  at  Linlithgow,  a7ino  1606,  First, 
Because  the  indictione  was  but  seven  dayes  befor  the  opening  of  the  Assembly. 
Second,  Comissioners  wer  called  to  it  not  by  presbytryes  but  by  the  Kings 
private  letters.  Third,  The  Kings  letters  call  it  onlye  a  meeting  to  treate 
only  about  conclusiones  ;  but  they  had  no  power  from  presbytryes  to  con- 
clude any  thinge.  Fourth,  Presbytrys  did  limitate  comissioners  not  to  con- 
clude any  thing  contrare  to  established  discipline,  nor  to  vote  as  in  ane  As- 
sembly, but  to  protest  if  any  thing  praejudiciall  to  this  wer  attempted. 
Fifth,  The  actes  of  this  meeting  are  not  in  the  register  of  the  Assemblyes. 
Sixth,  The  next  Assembly,  at  Linlithgow,  1608,  acknowledge  Mr.  Patrick 
Gallowaye  to  have  been  moderator  at  the  immediatly  preceeding  Assembly  ; 
but  he  moderated,  anno  1602,  at  the  Assembly  of  Halyroodhouse ;  erffo, 
they  doe  not  acknowledge  this  for  the  immediate  praeceeding  Assemblye. 

Against  the  Assembly  at  Linlithgow,  1608,  it  was  objected,  First,  That 
forty-two  noblemen,  barrens,  and  bishopps  sate  heerin,  without  any  comis- 
sione,  contrare  to  acte  of  Dunde,  1597.  Second,  Out  of  some  presbytryes 
came  mor  then  three  ministers  commissioners,  contrare  to  the  acte  at  Dun- 
dee, 1597.      Third,  They  wanted  ruling  elders  from  presbytryes. 

It  was  objected  against  the  Assembly  holdne  at  Glasgow,  1610,  First, 
That  such  wer  chosne  comissioners  whom  the  King  and  bishopps  did  designe, 

(1)  [See  Records  of  the  Kirk,  p.  ■24—26  ;  Historia  Motuum,  p.  200—203.] 


Ch.  XLVIII.]  HISTORY  OF  SCOTS  AFFAIRS.  53 

and  it  was  assured  tliat  none  other  would  be  accepted.  Second^  Ther  wer  A.  D.  1638. 
no  ruling  elders  present.  Third,  Some  presbytryes  sent  mor  ministers  then 
three.  Fourth,  Threttye  noblemen  and  bishopps  had  vote  therin  upon  the 
Kinge's  call,  without  comissione.  Fifth,  They  wer  allured  to  vote  the 
Kinge's  waye  or  threatned.  Sixth,  The  principall  actes  wer  made  in  co-  N.  B. 
mittees  by  the  noblemen  and  bishopps,  and  reade  in  the  Assembly  only  to 
be  approvne.  Seventh,  Sundrye  ministers  got  rewardes  and  brybes  to  vote 
the  Kinges  waye  ;  and  such  as  contrould  him  wer  threatnd  with  deprivatione 
and  banishment. 

As  for  the  Assembly  at  Aberdeen,  anno  1616,  First,  The  bishop  of  Saint 
Andrews  usurped  the  place  of  moderator.  Second,  It  was  indicted  but 
twenty  dayes  befor  it  did  meet,  so  that  all  could  not  conveene.  Third, 
Ther  wer  twenty-five  noble  and  gentlemen  calld  by  the  Kinge  who  voted  ; 
some  ministers  voted  without  comissiones.  Fourth,  Mor  comissioners  then 
one  from  brughes.  Fifth,  Ruling  elders  wer  excluded.  Si.rth,  The  Arch- 
bishop of  Saint  Andrews,  with  his  owne  hande,  did  interlyne,  adde,  chaunge, 
vitiate  the  scrolls  and  minutes  of  that  Assemblye. 

The  Assembly  at  Saint  Andrews,  1617  (said  they),  First,  Was  not  to 
be  founde  in  the  registers.  Second,  The  indictione  so  informall,  that  the 
scrolls  therof  declare  many  comissioners  refoosed  to  be  present.  Third, 
The  King,  in  his  letter  to  Perth  Assembly,  calles  it  only  a  meeting, 
wherin  ther  was  disgrace  offered  to  him.  Fourth,  All  the  corruptiones  of 
the  four  former  Assemblyes  had  ther  confluxe  into  this  and  the  followng 
Assembly. 

Against  the  Assembly  at  Pearth,  1618,  they  remonstrated,  First,  That 
it  was  indicted  but  twenty  dayes  befor  the  holding  of  it.  Second,  No  lau- 
full  electione  of  moderator.  Third,  Nor  of  a  clerke.  Fourth,  The  dioceses 
of  Orkney,  Catnesse,  Rosse,  Argylle,  and  Isles,  five  in  all,  wer  totally 
absent.  Fifth,  Nynteen  noblemen  and  barrens,  and  eleven  bishopps,  did 
vote  without  comissione ;  thirty-six  brughs  absent ;  no  ruling  elders ;  and 
some  brughs  present  had  two  or  three  comissioners.  Sixth,  Some  presby-  N.B. 
tryes  did  send  mor  ministers  comissioners  then  three ;  some  ministers  voted 
without  comissione;  others  who  had  comissiones  wer  rejected,  and  ministers 
wanting  comissiones  putt  in  ther  place.  Seventh,  The  bishopps  practisd 
some  of  thes  thinges  that  wer  voted  in  that  Assembly  befor  the  Assembly 
sate  downe,  viz.  geniculatione  at  communion,  etc.,  so  ther  voices  wer  prae- 
judged.     Eighth,   Ministers  wer  threatned  to  voice  affirmative,  under  paine 


54 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.   III. 


Intrant  oath 
nullified. 
Exceptions. 
Dr.  Robert 
Hamilton  de- 
posed.     Mr. 
James  For- 
syth ;   Mr. 
John  Crigh- 
ton  deposed. 

Sessio  13. 
December  5. 
Wedinysdaye. 


of  deprivatione,  imprisonement,  banishment.  Ninth,  The  vote  was  stated, 
"  Whither  the  Five  Articles,  in  respect  of  his  Majestye's  commandement, 
should  passe  in  acte,  or  not  ?"  and  not  if  they  wer  conforme  to  God's  word. 
Tenth,  It  was  declared  by  the  bishopps,  that  whither  they  voted  for  the 
Five  Articles  or  not,  yet  they  should  passe  in  ane  acte  and  be  practised. 
This  is  the  short  summe  of  the  reasons  givne  by  the  comittee  appoynted  for 
tryall  of  thes  sex  Assemblyes. 

The  Assembly  having  heard  thes  reasones,  and  the  proofes  of  all  and 
eache  of  thes  reasones  grownded  upon  the  evidences  forsaide,  declared  all 
thes  sex  Assemblyes,  "  and  evrye  one  of  them,  to  have  been  from  the  be- 
ginninge  unfree,  unlaufull,  and  null  Assemblyes,  and  never  to  have  had,  nor 
heerafter  to  have,  any  ecclesiasticall  authoritye,  and  ther  conclusiones  to 
have  been,  and  to  bee  of  no  force,  vigour,  nor  efficacye  ;"  and  prohibited  all 
defence  and  observaunce  of  them  in  all  tyme  to  come. 

The  King  tooke  exceptione  against  the  last  pairt  of  this  acte,  and 
declared  that  it  was  an  ouncoth  forme  of  procedure  for  to  rescinde  six 
Assemblyes  as  null  and  voide,  notwithstanding  that  two  of  them  even  then, 
and  for  some  tyme  after  that,  wer  still  in  force  by  severall  actes  of  Parlia- 
ment, and  diverse  actes  of  the  other  four  wer  at  that  tyme  standing  ratifyd 
and  confirmed  by  Parliament  actes. 

XLIX.  Upon  Wedinysday,  December  five,  the  thirteenth  sessione  of 
the  Assembly  conveened ;  where  the  moderator  did  declare,  that  since  the 
six  Assemblyes  (presently  spockne  of)  wer  founde  null,  therfor  it  behoved 
necessaryly  to  follow  that  all  the  noveltyes  wherwith  the  Church  was 
burthend,  by  vertwe  of  the  actes  of  the  saide  Assemblyes,  did  lyckwayes 
fall  to  the  ground  ;  and  so  amongst  the  rest,  the  oathe  which  intrant  ministers 
tooke  for  observing  all  or  any  of  thes  noveltyes,  to  be  null  in  itself,  and  not 
obligatory  unto  any  minister  who  had  tackne  it,  as  also  all  subscriptiones 
givne  by  any  to  this  effecte.  The  reasone  of  the  nullitye  of  this  oathe  was 
declared  to  bee,  because  the  bishopps,  who  gave  the  oathe,  did  suppose 
somewhat  to  be  constituted  by  the  Churche  which  was  not  so,  viz,  that  the 
Churche  had  givne  power  to  the  bishopps  to  exacte  such  ane  oathe,  which 
they,  by  ther  nullifyng  the  six  Assemblyes,  declared  was  not  givne  ;  as  also 
that  the  Church  had  established  thes  noveltyes,  which  she  never  did  by  any 
free  laufull  Assemblye.     They  declared*  that  if  intrant  ministers  had  not 


•  See  print  Assembly  of  Glasgow,  Act.  Sess.  13. 
toria  Motuum,  p.  203.] 


[Records  of  the  Kirk,  p.  26  ;  His- 


Ch.  xlix.]  history  of  scots  affairs.  55 

supposed  all  this,  that  they  would  never  have  tackne  the  oathe;  therfor,    A.  D.  less, 
since  it  was  apparent  to  all  that  thes  oathes  were  not  obligatory,  as  being- 
deceitfully  procured  by  the  bishopps,   they  did  declare,  by  ther  unanimouse 
vote,  that  all  ministers  who  had  tackne  such   oathes  wer  discharged  from 
observing  thes  oathes  in  any  tyrae  comming. 

And  furder,  the  Assembly,  by  ther  vote,  did  unanimously  declare,  that 
the  power  of  presbytryes,  provincial  and  General  Assemblyes,  had  been 
unjustly  suppressed,  but  never  laufully  abrogated  ;  and  therfor  that  it  had 
been  most  laufull  for  them,  notwithstanding  of  any  poynt  unjustly  objected 
by  the  prelatts  to  the  contrarye,  to  admitte,  suspende,  or  depryve  ministers 
respectwe  within  ther  boundes,  upon  relevant  complaints  sufficiently  provne, 
and  to  choose  ther  owne  moderators,  and  to  execute  all  the  poyntes  of  ec- 
clesiasticall  jurisdictione,  acording  to  ther  oune  limits  appoynted  to  them  by 
the  kirke. 

The  exceptiones  tackne  with  the  dispensatione  of  the  oathe  of  intrants  by 
the  mor  knowng  wer  :  First,  That  it  was  very  improper  for  ministers  to  sitt 
judges  and  dispence  with  themselves;  for  it  is  certaine  ther  wer  many  minis- 
ters members  of  this  Assembly,  who  voted  against  the  oath  in  ther  oune  fa- 
vours. Second,  That  ther  wer  ane  'virri^nn;  in  tacking  the  oath  of  the  Covenant 
befor  this  acte  ;  for  all  who  gott  the  benefitt  of  this  acte  of  nullifying  thes 
episcopall  oathes,  it  seems  they  ought  tirst  to  have  been  dispenced  with  for 
the  former,  and  then  to  have  sworne  the  oathe  of  the  Covenant,  and  not, 
simul  et  seniel,  for  to  have  sworne  two  contradictorye  oathes  :  Nor  will  that 
which  was  made  the  pretext,  salve  this  solaecisme,  as  the  Doctors  of  Aber- 
deen have  fully  evinced  in  their  Duplyes ;  for,  first,  that  which  the  intrants 
swore  too  was  enacted  by  a  standing  law  ;  so,  without  sinne,  they  could  not 
lay  by  the  practise  by  ane  oath,  till  the  practise  was  declared  unlaufull ;  or, 
if  they  did  limitate  ther  suspensione  of  the  practise  till  a  free  Assembly  did 
sitte,  either  such  as  did  limitate  themselves  thus,  did  suppose  the  General 
Assemblyes  determinatione  infallible,  or,  if  not,  that  then  they  supposed  (as 
it  was  true)  that  themselves  in  the  Assembly  wer  to  be  judges  in  ther  owne 
cause,  as  it  fell  out.  A  third  exceptione  was,  whuther  or  not  all  intrants 
did  sweare  the  observaunce  of  thes  ceremonyes  cum  hoc  intuitu  vel  supposi- 
tione  that  they  wer  imposed  by  Assemblyes  laufulle  ;  for  who  does  not  see  N.  B. 
that  this  practise  does  opne  a  doore  to  repeale  all  oathes  and  subscriptiones, 
if  after  times  shall  declare  nullitye  in  former  Assemblyes.  The  last,  and 
not  the  least,  exceptione  against  the  repealing  of  this  oathe  was.   Supposing 


56 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 


A.  D.  1638.  the  oathe  had  been  fraudulently  extorted  by  bishopps  from  intrants,  yet,  if 
the  thinges  which  thes  intrant  ministers  swore  to  observe  wer  ex  parte  rei 
in  themselves  laufull  to  have  been  observed,  and  not  sinnefull  constitutiones  ; 
Whither  the  fraudulencye  of  the  meanes  used  to  move  intrants  to  tacke  the 
oathe  could  be  excuse  eneuche  to  free  the  swearer  from  his  obligatione  ? 
Casuistes,  who  dispute  this  case,  give  the  instaince  of  Joswas  oathe  made 
to  the  Gibeonitts,  which  God  himself  declared  obligatory ;  yet  it  was  frau- 
dulently extorted,  and  the  promise  made  to  the  Gibeonitts  founde  contrarye 
to  God's  positive  commande,  which  was  not  to  spare  any  of  thes  nationes, 
nor  enter  in  leagues  with  them.  Ther  is  another  instaince  givne  of  one 
man  compelled  by  a  theefe  for  to  [promise  to]  paye  him  so  much  money, 
which  casuistes  lyckwayes  suppose  the  swearer  obleidged  unto,  because  the 
promise  in  itself  is  not  unlaufuU  ;  for,  except  it  be  provne  that  ane  oath  is 
rinculnm  iniquitatis,  it  must  be  confessed  that  many  thinges  indeed  may 
hinder  men  from  macking  ane  oathe,  which  will  not  excuse  them  from  ob- 
serving ane  oathe  once  being  tackne,  the  impediments  befor  and  after  ane 
oath  not  being  of  aeqwall  latitude. 

After  this  acte  was  past,  ther  wer  many  witnesses  sworne  against  the 
bishopps  of  Brechin  and  Galloway. .  And  then  ther  came  in  a  complainte 
against  Dr.  Robert  Hamiltoune,  minister  at  Glasseforde  (he  who  presented 
the  bishopps  Declinator)  by  his  parishoners,  for  not  observing  church 
discipline  ;  for  brybery  ;  for  suffering  fornicatione  unpunished  in  his  house ; 
for  refoosing  to  visite  the  sicke  ;  that  in  his  ordinar  discourse  he  used  oathes 
to  floorishe  his  discourse  withall ;  that  he  was  ane  ordinare  profaner  of  the 
Sabbath  daye ;  that  he  had  oftne  deserted  his  charge,  and  stayed  some 
tymes  four,  some  tymes  fyve  moneths  at  once  at  courte  ;  that  he  had  perse- 
cuted some  most  violently  with  excommunicatione  ;  that  to  some  he  had  re- 
foosed  the  benefitt  of  marriadge,  and  baptisme  to  some  of  his  parishoners 
ther  children,  because  they  wold  not  kneel  at  the  communione  ;  and  his 
great  cryme,  that  he  had  declyned  the  Assemblye,  and  had  railed  against 
it,  being  summoned  befor  it,  bidding  the  officer  goe  hang  himself,  wold 
he  compeer  befor  a  rebelliouse  conventicle,  that  he  was  ane  honester 
man  then  any  who  wer  at  that  Assemblye.*     The  proofes  against  him 

*  It  was  objected  against  Dr.  Hamiltoune  lyckways,  that  he  suftered  children  to  dye 
without  baptisme ;  that  he  had  musicke  and  dauncinge  in  his  house  upon  the  Lords  day 
at'ternoone ;  that  he  said  images  wer  laufull ;  and  swore  that  he  would  keep  the  Service 
Booke  in  his  churche,  and  use  it  in  despyte  of  puritans  and  the  devill. 


Cfi.  XLIX.]  HISTORY  OF  SCOTS  AFFAIRS.  57 

wer  admitted ;  and  Dr.  Ilamiltoune,  by  unanimouse  vote  of  the  Synode, 
v;  IS  deposed  from  the  ministerial!  functlone,  session  twentieth,  Decembris 
thirteenth.* 

It  is  ane  observatione,  that  many  about  that  tyme  and  since  have  had,  That, 
in  thes  tymes,  no  ministers  wer  accused  as  faulty,  but  such  as  wer  Non-Cove- 
nanters, or  active  against  [the  Covenant]  ;  and  scarce  any  such  wer  ever  ac- 
cused, who  escaped  depositione ;  if  justly  or  not,  it  is  very  hard  to  determine; 
for  none  can  be  so  uncharitable  as  to  thinke  that  all  such  wer  proceeded  against 
in  thes  tymes  upon  unjust  and  groundlesse  accusationes.  But  the  wonder  is, 
that  amongst  all  the  ministers  who  tooke  the  Covenant,  not  one  in  ther 
tymes  was  accused  or  founde  out,  to  whoise  charge  any  thing  was  laide  lycke 
thes  Non-Covenanter  ministers,  who  wer  accused  or  deposed.  Whither  it 
was  that  the  godly  pairty  of  the  ministrye  did  close  with  the  Covenant,  and 
the  profaner  parte  of  them  oppose  it,  or  if  it  wer  upon  any  other  aceompt 
it  fell  out  so,  I  doe  leave  it  to  the  reader  to  judge. 

After  Dr.  Hamiltoune,  one  Mr.  James  Forsyth/,,  was  complained  upon, 
and  wittnesses  against  him  sworne ;  but  the  lybell  was  not  readde  at  this 
sessione.  Then  wer  all  the  caveatts  reade  publickly,  which  the  bishopps 
wer  obleidged  to  stand  too  at  ther  admissione  (which  you  may  fynde  in 
the  long  summonds  givne  out  against  the  bishops,  of  which  befort^)), 
which  they  wer  declared  to  have  brockne  all  and  evrye  one.  And  therafter 
the  lybell  against  the  Archbishop  of  Saint  Andrews  was  readde  ;  of  which 
mor  afterwardes. 

In  the  closure  of  this  sessione,  Jlr.  Johne  Creightoune,  minister  at  Pasley, 
was  citted.  His  indytment  contained.  That  he  lived  atheistically  ;  that 
he  enclyned  to  popery  and  Arminianisme ;  that  he  praised  the  popish  im- 
plicite  faithe,  affirming  it  was  better  then  that  of  the  protestants,  and  suffi- 
cient to  salvatione ;  that  he  saide  it  was  easye  for  to  reconceile  protestants 
and  papistes,  if  puritans  and  jesuitts  wer  awaye ;  that  he  said  that  men 
might  fullfill  the  law,  otherwayes  God  wer  unjust  for  to  commande  the 
keeping  of  it ;  he  defended  that  praedestinatione  of  forseen  workes  was  good 
orthodox  doctrine,  and  that  none  did  hold  the  contrary,  except  some  braine 
sicke  madde  fooles,  who  followed  Calvin's  doctrine ;  that  he  teached  and 
mantained  universall  grace  with  all  the  errors  ,poDsequent  therupon  ;  that  he 
allowed  auricular  confessione,   and  mantained  free  wille ;  that  papistes  and 

*  Nota.     Dr.  Hamiltoune  was  not  sentenced  with  depositione  till  the  twentieth  sessione. 
(1)  [Minister  at  Kilpatriol;.]  (2)  [See  above,  vol.  i.  pp.  127,  128.] 


58 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


A.  D.  1638. 


Animadver- 
sions on  the 
Service 
Book. 

Sessio  14. 
December  6, 
Thursdaye. 


protestants  wer  both  saved,  and  evryc  man  that  beleevs  in  Chryst  onlye  ; 
that  the  world  might  have  been  saved  weall  eneuch  without  Chryste's  deathe  ; 
that  the  sainctes  might  fall  totally  awaye  from  saving  grace  ;  that  he  bap- 
tised a  chylde  on  ane  ordinarye  daye  in  his  bedde,  for  lazinesse  for  to  ryse, 
without  any  prayer,  with  his  night  cappe  on,  using  no  exhortatione  to  the 
parents,  putting  a  little  water  on  the  chylde,  pronouncing  the  wordes  of 
baptisme,  and  no  mor ;  that  one  daye,  whilst  he  was  going  to  churche,  a 
poor  distressed  man  asking  almes  of  him,  he  did  strycke  the  poor  man  with 
his  foote,  to  the  effusione  of  the  beggar  his  bloode  ;  and  being  advertished 
of  his  uncharitable  dealinge,  he  ansuered.  What  other  was  it  to  stricke  such  a 
one  then  to  strycke  a  dogge :  For  which  crymes  and  heterodoxies,  he  was 
by  full  vote,  depry  ved  of  his  ministeriall  functione  ;  and  except  he  macke  his 
publicke  repentaunce,  he  was  ordained  to  be  excommunicated. 

The  King,  in  his  Large  Declaratione,*  reportes  that  at  the  votinge  of 
one  of  thes  ministers'  deprivationes  (but  names  not  who),  [the  Moderatour 
of  the  Assembly]  did  move  a  questione  to  the  Assemblye,  Whither,  if  the 
depryved  minister  should  baptise  a  chylde,  the  chylde  must  not  be  baptised 
againe  ?  But  that,  one  of  the  ministrye  tooke  him  off  instantly,  by  telling 
him  that  they  never  did  baptise  thoise  children  who  had  been  baptised  by 
popish  preestes  ;  and  so  no  mor  was  spockne  of  that  matter.  This  passage 
I  doe  insert  upon  the  trust  of  the  relator  ;  because  albeit  that  Declaration 
be  much  qwarrelled  at,  yet  it  is  very  unlycke  that  such  a  passage  would  have 
been  inserte,  if  it  had  not  been  publicke  and  befor  many  wittnesses. 

L.  Upon  Thursday  the  sLxth  of  December,  the  Assembly  satte  for  the 
fourteenth  sessione  ;  wher  the  moderator  beganne  with  a  short  speeche  of  the 
evill  and  goode  that  the  Service  Booke  had  done,  and  then  desyred  Mr. 
Andrew  Ramseye  to  give  in  his  diligence,  and  observationes  upon  the  new 
leiturgie :  Which  Mr.  Andrew  acordingly  presented  in  wrytte,  and  therin 
laboured  to  prove  that  the  Service  Booke  was  heathinish,  Popish,  Jewishe, 
and  Arminiane,  both  in  matter  and  ceremoney.  Some  others  who  wer  upon 
that  comittye  for  tryall  of  the  Service  Booke,  gaveinther  notandums  against 
it,  such  as  Mr.  Robert  Bailye,  Mr.  Edward  Wright,  Mr.  Samuel  Rutherfoorde, 
Mr.  William  Douglasse,  Mr.  Johne  Haye,  and  some  others :  Yet  thes  observa^ 
tiones  being  reade  (which  tooli.e  upp  the  whole  tyme  of  that  sessione),  it  was 
thought  that  the  comittye  was  sett  downe  rather  to  collatione  ther  several]  ob- 


Pag.  320. 


Ch.  l.]  history  of  scots  affairs.  59 

servationes,  then  in  so  short  a  tyme  that  it  was  probable  that  they  could  draw  A.  D.  1638. 
upp  all  that  was  wryttne  by  them,  and  publickly  reade  at  that  tyme.    I  shall 
not  trouble  my  reader  with  giving  ane  accounte  of  all  the  exceptiones  at  lenthe, 
as  about  that  tyme  they  wer  sett  downe  in  severall  tractats,  some  of  which 
are  by  me  in  manuscripts.     The  most  materiall  wer  as  followes : 

ANIMADVERSIONS    ON    THE    SERVICE    BOOKE.* 

The  comittye  declared  that  the  Service  Booke  was  to  be  rejected,  First, 
Because  for  the  maner  of  introductione  therof :  It  was  brought  into  the 
Churche  without  consent  of  the  Churche,  or  vote  of  GeneraU  Assemblye, 
to  whom  it  belonged  to  determine  the  lycke.  Second,  Because  it  thrusts 
out  a  laufull  and  uswall  service  already  practised  in  the  Churche  ;  and  in  its 
place  setts  upp  another  leiturgye,  patched  upp  out  of  the  Roman  masse 
booke,  ther  booke  of  ceremoneyes  and  breviare,  t  which  does  containe  many 
thinges  superflouse  and  ridiculouse,  many  thinges  superstitiouse,  as  also  the 
seeds  of  great  errors  and  idolatrye,  and  in  manye  places  is  worse  then  the 
Englishe  Service  Booke. 

Amongst  thinges  superstitiouse  and  ridicolouse,  First,  The  presbyter  is 
holdne  (pag.  ?(')  of  the  Service  Booke t)  to  saye  or  reade  the  mattens 
and  vespers  evrye  daye  publicklye  or  privately.  Now,  if  he  reade  them 
privatly  and  alone,  to  what  pourpose  are  ther  responsoryes,  except  himself 
answer  in  name  of  the  Churche  as  ther  representative?  Next,  if  thes 
prayers  be  appoynted  by  publicke  authoritye,  and  the  presbyter  be  the 
Churches  delegate  to  saye  them  daylye,  what  else  is  this  but  to  sett  up  the 
popish  Canonicke  Howers,  two  [out]  of  seven  [of  them]  ?  See  Bellarm. 
torn.  4.  controv.  lib.  1.  de  bonis  oper.  cap.  10.  Second,  Ther  is  no  certaine 
place  appoynted  for  the  morning  and  evning  publicke  prayers,   but  it  is  re- 


*  See  Spang,  Historia  Motuuni,  pag.  204,  cl  scqq.  ["  Animadversiones  in  librum  litiir- 
giae  ab  Episcopis  obtrusum  ccclcsiae  Scoticac."  The  "  Animadversions  on  the  Service 
Booke"  in  the  text  are  translated  from  this  document.]  Mr.  Robert  Baillie,  his  Animadver- 
siones on  the  Englishe  Service  Booke  wer  afterwardcs  published  by  the  Assembly  of  Divynes 
at  Westminster,  anno  1644.  See  them  sett  ilowno  in  William  Sandersons  Historye  of 
King  Charles  I.  [p.  682—687.   Lond.  1658.  fol.] 

t  Missale,  Rituale,  Breviarium,  Romanum. 

CD  [Signature  a  4.   Though  Gordon,  following  Spang,  has  quoted  the  Service  Book  by 
the  page,  the  leaves  of  that  work  are  not  numbered  or  marked,  except  by  the  printer's  sig- 
natures.    In  order  to  facilitate  reference,  these  will  be  given  in  the  notes.] 
X  Printed  in  folio,  anno  1637,  by  R.  Younge,  at  Edinburgh. 


60  HISTORY  OF  SCOTS  AFFAIRS.  [B    III. 

A.  D.  I(i3s.    mitted  to  the  bishopps  discretione;(')  to  whom  it  is  recommended/-)  to  re- 

duce  the  shape  of  the  churches  to  the  olde  forme  that  they  wer  builded  in, 

viz.  as  they  wer  in  tyme  of  popery,  answerable  to  the  forme  of  Solomon's 
temple,  devyded  into  the  portico,  navis  et  sacrarium*  Third,  Some  thinges 
are  appoynted  to  bee  pronounced  by  the  presbyter  with  a  lowde  voice,  other 
thinges  againe  with  a  lower  voice,  which  is  a  popish  practise  in  the  masse  ; 
also,  the  prayers,  the  confessione  of  faith,  and  some  other  thinges,  are  com- 
manded to  be  saide  or  sunge,  albeit  they  are  not  putt  in  metricall  numbers. 
Fourth,  Albeit  the  posture  of  the  bodye  at  prayer  be  a  thing  indift'erent,  yet, 
in  some  prayers,  ther  is  a  comraande  in  that  booke  for  to  bowe  the  knee  ; 
and  at  other  tymes  to  stande  ;  and  in  other  prayers  the  posture  of  the  bodye 
is  left  arbitrarye  to  all :  Sometymes  the  people  are  commanded  to  praye  and 
not  the  presbyter,  sometymes  the  contrarye,  and  sometymes  both  are  biddne 
praye  together  ;  sometymes  one  of  them  repeates,  sometymes  they  ansuer, 
at  other  tymes  they  pairte  the  prayer  betuixt  them  :  The  presbyter  is  com- 
manded sometymes  to  turn  his  face  towards  the  people,  therfor  he  some- 
tymes must  turne  awaye  his  face  from  them  :  They  are  biddne  stand  when 
the  evangile  is  readde,  sitte  when  the  epistle  is  readde,  and  bow  the  knee 
when  the  decalogue  is  readde  :  That  ther  behoved  to  be  a  frequent  turning 
and  turning  backward  againe  of  that  booke  from  the  psalmes  to  the  coUectes, 
thence  to  the  hymnes,  thence  to  the  psalmes,  to  the  lessones,  and  tinally  to 
the  littanies.  Fifth,  Ther  are  many  new  and  ouncoth  wordes  in  it,  which 
all  do  savour  of  poperye,  such  as  the  Scottish  understoode  not  at  all,  bor- 
rowd  from  the  Romish  Leiturgie  :  such  as  "  Mattens,  Vespers,  Advente, 
the  Epiphanye,  Sejjticar/esimu,  Sexagesima,  Q_uinqioagesima,  Dominica, 
Rogations,  The  Ordinary  of  the  Place,  Collects,  Littanyes,  Venite,  Te 
Heum,  Benedictus,    Mai/ni/icat,    Nunc    dimittis,    Sabbatuin   cantate.  Dies 

(1)  [Sig.  b  8.  Rubric:  "  The  Morning  and  Evening  Prayer  shall  be  used  in  the  ac- 
customed place  of  the  Church,  Chappell,  or  Chaneell,  except  it  bee  otherwise  determined 
by  the  Ordinarie  of  the  place  :  and  the  Chancels  shall  reniaine  as  they  have  done  in 
times  past."] 

(2>  [Gordon  seems  here  to  liave  misunderstood  Spang,  whose  words  are  these:  "  NuUus 
certus  locus  destinatur  matutinis  et  vespertinis  precibus  publicis ;  sed  remittitur  arbitrio 
Episcopi,  qui  sedulo  studel>it  templorum  formam  ad  tempora  praecedentia  rcvocare,  hoc  est, 
quando  Papismus  regnabat."     Historia  Motuvm,  p.  203.] 

*  It  is  reported  that  William  Laude,  Archbishop  of  Canterbury,  at  his  being  in  Scottland, 
anno  1633,  qwarelled  extremly  with  the  forme  of  the  church  of  Bruntiland  (which  is 
quadrate,  suported  with  four  pillers  aequidistant),  telling  them  who  were  present,  that  it 
was  hard  to  tell,  in  a  churche  of  such  a  shape,  where  to  place  the  altar. 


Ch.  l.]  history  of  scots  affairs.  61 

Cinerum,  Oblations,  Antiphonia,  Purificatione  of  Women."  Also  some  chap- 
ters of  the  Actes  of  the  Apostles,  and  of  the  Prophetts  of  the  Old  Testa- 
ment, are  called  epistles.  Other  termes,  such  as  "  OiFertorye,  Annunciation 
of  our  Ladye,  Officiare,  Corporal,  both  Kyndes,"  etc.,  they  thought  it  was 
to  be  doubted  least  under  thes  uncoth  and  Latine  words,  the  Latine  Ser- 
vice wer  also  latent.  Sixth,  In  the  Calendar  some  sainctes  are  insert  of 
whom  it  is  doubtsome  whether  they  wer  sainctes  or  not :  such  as  Lucianus, 
Saint  David,  Kentigerne,  Fabianus,  Agnesse,  Vincentius,  Blasiu.s,  Valentinus, 
Colmannus,  Saint  Patrick  bishopp,  Cuthbert,  Benedicte,  Gilbert,  Serjius, 
Saint  George,  Dunstanus,  Suithimis,  Nomen  Jesu,  JEgidius,  Niiiianus,  Ada- 
mnanus,  Sapientia,  Crispinus,  Hugh  bishopp,  Silvester,  etc.  Seventh,  The 
confessione  of  sinnes  and  absolutione  is  appoynted  to  be  readde  befor 
prayer,  pag.  35  ;(')  as  if  confession  wer  not  a  prayer,  and  as  if  therin  many 
thinges  wer  not  sought  from  God.  Eighth,  The  wordes  of  the  conclusione 
of  the  Lorde's  Prayer  are  sometymes  appoynted  to  be  repeated,  sometymes 
to  be  omitted  ;  nor  can  it  be  tould  why  it  should  be  so.'^)  Ninth,  Evrye  daye 
the  hyme  Te  Deum  laudamus  is  appoynted  to  be  readde  or  sunge ;  as  if  an 
hyme  composed  by  men  wer  holyer  then  all  the  psalmes  and  hymnes  dictated 
by  the  Holy  Gohste.  Tenth,  "  The  presbyter,  clerke,  and  all  the  people 
together,  must  repeate  the  Lorde's  Prayer  with  ane  lowde  voice,"  pag.  42.(') 
How  much  confusione  is  ther  heer,  and  are  not  the  presbyters  of  the  clergye  ? 
Eleventh,  In  the  Litany  they  ascrybe  many  names  to  God,  and  they  are  to 
repeate  one  and  the  same  prayer  oftne  ;  eight  tymes  "  Good  Lord  deliver 
us"  is  repeated  ;  "  We  beseech  thee  to  heare  us  good  Lord"  is  two  and 
twenty  tymes  repeated  :  The  presbyter  designes  only  the  evills  whiche  the 
people  deprecate,  as  also  thes  good  thinges  which  the  people  doe  praye  for. 
Twelfth,  Thes  wordes,  "  By  the  mysterie  of  thy  holy  Incarnation,  [by 
thy  holy]  Nativitie  [and]  Circumcision,   [by  thy]   Baptisme,    [Fasting  and 

(1)  [Sig.  A  2.] 

(2)  [Sig.  A  2.  Rubric :  "  Then  shall  the  Presbyter  or  Minister  begin  the  Lords 
prayer  with  a  loud  voyce.  And  in  this,  and  all  other  places  of  the  Liturgie,  where 
the  last  words,  for  thine  is  the  kingdom,  &c.  are  expressed,  the  Presbyter  shall  reade 
them.  But  in  all  places  where  they  <ire  not  expressed,  he  shall  end  at  these  words, 
but  deliver  us  from  evil.  Amen."  Compare  St.  Matthew,  vi.  9 — 13.  with  St.  Luke,  xi. 
2-4.] 

(3)  [Sig.  A  5.  Here  and  elsewhere,  Gordon,  by  translating  from  Spang,  has  fail- 
ed to  preserve  the  exact  words  of  the  original.  The  Rubric  quoted  is :  "  Then  the 
Presbyter,  Clerkes,  and  people,  shall  say  the  Lord's  prayer,  in  English,  with  a  lowd 
voyce."] 


62  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

.A.  D.  1638.  Temptation,]  by  thine  agonie  and  bloudy  sweat,  by  thy  Crosse  and  Passion, 
by  thy  precious  Death  and  Buriall,  by  thy  glorious  Resurrection  and  As- 
cension, [and  by  the  coming  of  the  holy  Ghost],  Good  Lord  deliver  us  :" 
What  other  thing  can  such  expressions  be  accounted  but  meere  adjurationes  ? 
Thirteenth,  After  four  and  fourty  prayers,  of  which  the  Lorde's  Prayer  is 
one,  at  last  it  is  said")  "  Let  us  pray  ;"  as  if  all  the  praeceeding  wer  not  to 
be  accounted  for  prayers.  Fourteenth,  In  the  lessons  at  the  Euchariste, 
the  epistle  is  putt  before  the  evangile,  which  is  against  the  order  of  the 
byble  ;  nor  is  ther  any  thankesgiving  after  the  reading  of  the  epistle,  whilst 
it  is  most  carefullye  appoynted  that  the  doxologye  should  still  shutt  upp  the 
reading  of  the  evangile.'^)  Fifteenth,  It  is  said*^)  that  the  innocent  infantes 
murdered  by  Herode  wer  Chryste's  wittnesses  or  martyres,  and  that  "  they 
wer  such  as  expressed  God's  praise,  not  by  speacking  but  dyinge ;"  wher  it 
is  censure  worthy.  That  thes  infantes  are  called  Innocents  without  any  expli- 
cation, which  savours  of  Pelagianisme  :  Second,  That  all  of  them  in  generall 
wer  Chryst's  martyrs,  whilst  they  wer  not  martyres  neither  in  habite  nor 
acte ;  not  in  habite  or  in  resolutione  of  ther  heartes,  much  lesse  in  the  acte, 
since  they  cannot  be  said  none  of  them  to  have  dyed  for  the  faithe,  which 
they  knew  not ;  and,  furder,  all  of  them  cannot  be  firmly  and  confidently 
averred  to  have  dyed  in  the  faithe.  Sixteenth,  In  the  collectes  of  the  thirdt'*^ 
and  fourthC^)  Sunday  after  Epiphanye,  and  in  the  Septwagesima,('')  ther  is  a 

(1)  [Sig.  B  4.] 

(2)  [Sig.  M.  8.  Rubric :  "  Immediatly  after  tlie  Collects,  the  Presbyter  shall  read  the 
Epistle,  saying  thus  :  The  Epistle  written  in  the  Chapter  of  at  the  verse. 
And  when  "he  hath  done,  he  shall  say  :  Here  endeth  the  Epistle.  And  the  Epistle  ended, 
the  Gospel  shall  be  read,  the  Presbyter  saying  :  The  holy  Gospel  is  written  in  the 
chapter  of  at  the  verse.  And  then  the  people  all  standing  up  shall  say  : 
Glori/  be  to  thee,  O  Lord.  At  the  end  of  the  Gospel,  the  Presbyter  shall  say  :  So  endeth 
the  holy  Gospel.     And  the  people  shall  answer  :    Thanks  be  to  thee,   O  Lord."] 

(3)  [Sig.  C  5.  Collect  for  Innocents  day :  "  Almighty  God,  whose  praise  this  day  the 
young  Innocents  thy  witnesses  have  confessed  and  shewed  forth,  not  in  speaking,  but  in 
dying  :  mortifie  and  kill  all  vices  in  us,  that  in  our  conversation  our  life  may  expresse  thy 
faith,  which  with  our  tongues  we  do  confesse,  through  Jesus   Christ  our  Lord.     Amen."] 

(4)  [Sig.  D  2.  This  collect  is  the  same  with  that  appointed  in  the  present  English 
Book  of  Common  Prayer  for  the  same  day.] 

(5)  [Sig.  D  2.  Collect:  "  God  which  knowest  us  to  bee  set  in  the  midst  of  so  many  and 
great  dangers,  that  for  mans  frailnesse  we  cannot  alwayes  stand  uprightly  :  grant  to  us  the 
health  of  body  and  soule,  that  all  those  things  which  wee  suiTer  for  sinne,  by  thy  help  wee 
may  well  passe  and  overcome,  through  Christ  our  Lord.     Amen."] 

(6)  [Sig.  D  4.  This  collect  is  the  same  with  that  appointed  in  the  English  Book  of 
Common  Prayer  for  the  same  day,  except  that  in  the  conclusion  the  words  "  with  thee  and 
the  Holy  Ghost,  ever  one  God,"  do  not  occur  in  the  Scotish  Service  Book.] 


Ch.  L.J  HISTORY  OF  SCOTS  AFFAIRS.  63 

deprecatione  ao-ainst  some  certaine  daungers ;  as  if  thes  dayes  wer  mor  fatall 
then  other  dayes.  Seventeenth,  In  the  collect  of  the  third  Sunday  of 
Lent,(')  defence  against  enemyes  is  prayed  for;  as  if  thes  dayes  wer  fuller  of 
daunger  then  other  dayes,  or  else  that  suche  petitione  made  on  such  a  daye 
wer  sufficient  for  preventing  that.  Eif/hteenth,  The  day  of  the  passion  has 
three  collects,W  whilst  some  dayes  have  none  at  all,  and  all  other  dayes 
eache  but  one.  Nineteenth,  In  the  collecte  of  the  twelfth  Sunday  after  the 
Trinity  daye,(3)  ther  is  a  prayer,  "  that  God  would  graunte  thes  thinges  which 
Christians  dare  not  seeke  in  ther  prayers  ;"  a  petitione  verie  unagreable  with 
the  ^>.n^„(pc^U  of  the  Christian  profossione.  Twentieth,  All  the  collects,  for 
the  most  pairt,  are  tackne  de  verba  ad  verbum  out  of  the  masse  booke. 
Twenty-first,  In  the  rubrick  that  is  preiixed  to  the  Lord's  Supper,('')  "  it 
is  appoynted  that  the  Holy  Table  be  covered  with  a  tableclothe,  and  a  cleane 
linning  clothe,  and  other  decent  utensiles :"  This  may  implye  all  the  super- 
stitiouse  toyes  whairwith  the  papistes  adorne  ther  altars,  viz.  the  crosse, 
candles,  phylacteryes,  etc.,  and  so  much  the  rather,  since  that  the  framers 
of  that  booke  doe  not  anye  wher  declare  against  the  use  of  suche  thino-es. 
Tiventij-second,  The  presbyter  being  to  officiat,  is  commanded  to  stande  at 
the  northerne  syde  of  the  altare,  who  must  be  clothed  with  a  surplice,  if  the 
bishopp  thinke  expedient  jW  for,  anno  16.33,*  they  gott  power  graunted  to 
the  Kinge  for  to  impose  anye  habite  to  churche  men,  which  he  should  think 
fittinge.  Ticenty-third,  After  the  repeating  of  the  Lorde's  Prayer,  the  pres- 
byter is  commanded,  with  his  face  turned  to  the  people,  to  recite  clearly 

(1)  [Sig.  E.  This  collect  is  the  same  with  that  appointed  in  the  English  Book  of 
Common  Prayer  for  the  same  day.] 

(2)  [Sig.  F  8.      They  are  the  same  with  those  appointed  in  the  English  Liturgy.] 

(3)  [Sig.  J  7.  Collect.  "  Almighty  and  everlasting  God,  which  art  alwayes  more  ready 
to  heare  then  we  to  pray,  and  art  wont  to  give  more  then  either  we  desire  or  deserve . 
powie  down  u])on  us  the  abundance  of  thy  mercy,  ibrgiving  us  those  things  whereof  our 
conscience  is  afraid,  and  giving  unto  us  that  that  our  prayer  dare  not  presume  to  ask, 
through  Jesus  Christ  our  Lord.     Amen."] 

C4)  [Sig.  M  6.  Rubric :  "  The  holy  Table  having  at  the  Communion  time  a  Carpet, 
and  a  faire  white  linen  cloth  upon  it,  with  other  decent  furniture,  meet  for  the  high 
mysteries  there  to  be  celebrated,  shall  stand  at  the  uppermost  part  of  the  Chancell  or 
Church,  where  the  Presbyter,  standing  at  the  north-side  or  end  thereof,  shall  say  the 
Lords  prayer,  with  this  Collect  following  for  due  preparation."] 

(5)  [Sig.  b  8.  Rubric :  "  And  here  is  to  be  noted,  that  the  Presbyter  or  Minister  at 
the  time  of  the  Communion,  and  at  other  times  in  his  Ministration,  shall  use  such  Ornaments 
in  the  Church  as  are  prescribed,  or  shall  be  by  his  Majestic,  or  his  Successors,  according  to 
the  Act  of  Parliament  provided  in  that  behalf."] 

*  See  first  ParUament,  Charles  I.,  anno  1633. 


64  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

and  distinctly  the  decalogue,  and  the  people  must  all  of  them  kneele  at  that 
tyrae ;(')  whence  it  appeares  that  he  must  saye  the  Lorde's  Prayer,  with  his 
backe  to  the  people,  and  with  a  low  voice  :  Furder  mor,  it  may  be  asked, 
why  the  people  must  kneele  whilst  the  decalogue  is  repeated,  and  yet  kneel- 
ing is  not  enjoynd  unto  them  whilst  the  Lorde's  Prayer  is  saide/^)  Twenty- 
fourth,  It  is  appoynted(')  that  the  servaunt  or  deacon  ofthechurche  "shall 
offer  the  basone  with  the  oblationes  of  the  faithfull  people  to  the  presbyter 
who  is  officiatinge,  who  shall  tacke  it,  and,  with  a  low  bowng  of  his  knee, 
shall  laye  it  upon  the  altar,  and  offer  it  unto  the  Lorde  :"  Wher  ther  is  lurk- 
ino-.  First,  Judaisme,  whilst  God,  by  this  meanes,  is  supposed  to  be  present 
befor  consecratione  mor  at  the  altar  then  else  wher  ;  a  thing  that  the  papistes 
cannot  awaye  withe  :  Secondh/,  Poperye,  whilst  the  people's  offering  must 
gee  befor  the  sacrifice ;  and,  next,  whilst,  by  this  meanes,  two  offeringes  are 
made,  one  of  money,  another  of  bread  and  of  wyne.  Twenty-fifth,  Kneel- 
ing is  oftne  commanded,  whilst  no  wher  is  ther  to  be  founde  a  commande- 
ment  of  seriouse  preparatione  befor  the  communion,  or  that  ther  should  be 
spritwall  and  inward  worshipp  in  the  very  acta  therof.  Twenty-sixth,  Ther 
is  a  permissione  to  use  rownde  wafers, (^)  commonly  called  Hostias,  and  thes 
unleavened.  Twenty-seventh,  The  presbyter  is  commanded  to  stande 
whilst  he  prayes  for  the  Kinge,(')  and  ther  are  two  prayers  for  the  King,(^) 

(1)  [Sig.  M  6.  Rubric:  "  Then  shall  the  Presbyter,  turning  to  the  people,  rehearse 
distinctly  all  the  Ten  Commandements :  The  people  all  the  while  kneeling,  and  asking  God 
mercy  for  the  transgression  of  every  duty  therein  ;  either  according  to  the  letter,  or  to 
the  mysticall  importance  of  the  said  Commandement."] 

(2)  [Tiiere  is  not  in  the  Scotish  Service  Book  any  rubric  such  as  that  which,  in  the 
English  Book  of  Common  Prayer,  follows  the  Absolution  in  the  order  for  Morning  Prayer  : 
"  Then  the  Minister  shall  kneel,  and  say  the  Lord's  Prayer  with  an  audible  voice ;  the 
people  also  kneeling,  and  repeating  it  with  him,  l>olh  here,  and  wheresoever  else  it  is  used 
in  Divine  Service."} 

(3)  [Sig.  N.  Rubric :  "  The  Deacon,  or  (if  no  such  be  present)  one  of  the  Church- 
wardens shall  receive  the  devotions  of  the  people  there  present  in  a  bason  provided  for  that 
purpose.  And  when  all  have  offered,  hee  shall  reverently  bring  the  said  bason  with  the 
oblations  therein,  and  deliver  it  to  the  Presbyter,  who  shall  humbly  present  it  before  the 
Lord,  and  set  it  upon  the  holy  Table.  And  the  Presbyter  shall  then  offer  up  and  ])lace  the 
bread  and  wine  prepared  for  the  Sacrament  upon  the  Lords  Table,  that  it  may  be  ready  for 
that  service."] 

(4)  [Sig.  O.  Rubric:  "  And  to  take, away  the  superstition,  which  any  person  hath  or 
might  have  in  the  Bread  and  Wine,  (though  it  be  lawfuU  to  have  wafer  bread)  it  shall  suf- 
fice that  the  Bread  be  such  as  is  usuall :  yet  the  best  and  purest  Wheat  Bread  that  conve- 
niently may  be  gotten."] 

(5)  [Sig.  M  7.] 

(6)  [Ibid.] 


Ch.  l.]  history  of  scots  affairs.  65 

but  not  one  for  his  Qween,  nor  childeren.  Ttoenty-eighth,  The  presbyter, 
at  celebratione,  must  intimate  such  festivall  dayes  as  are  to  be  observed  the 
followng  weeke.O)  Tinenti/-nlnth,  If  the  people  come  to  the  sacrament 
of  the  Lord's  Supper  mor  unfrequently  or  negligently,  the  presbyter  is  com- 
manded, evne  whilst  he  is  celebrating  the  communione,  to  exhorte  them  to 
approache  :('-^)  Now  it  wold  be  knowne,  since  the  people  have  made  knowne 
to  the  presbyter  ther  intentione  to  communicate,  as  in  another  rubrickeO 
they  are  enjoyned  to  doe,  to  what  ende  is  such  an  exhortatione  as  this  ?  Now, 
if  the  people  had  no  former  intention  to  communicate  till  they  be  exhorted 
at  that  tyme,  it  would  be  known  if  the  presbyter  will  then  admitte  them, 
though  any  of  them  wer  guiltye  of  scandall,  without  satisfactione  ?  or,  if 
they  communicate  then,  will  he  putt  them  to  it  to  satisfee  afterwardes  for 
ther  scandall  ?  Thirtieth,  Some  holy  dayes  have  prefaces  for  the  pour- 
pose,(^)  others  have  none  ;  and  why  ?  Thirty-first,  The  presbyter  officiating 
is  commanded  to  stande,  and  not  for  to  kneele,  whilst  he  is  recyting  the 
prayer  of  consecratione  ;  and  he  must  stand  in  such  a  place  wherin  with 
most  freedome  he  may  have  the  use  of  bothe  his  handes,  whilst,  in  the 
meane  tyme,  he  standes  alon  at  the  altar,  pag.  207  :(^'  It  is  worth  the  en- 
qwyrie  what  they  meane  by  the  free  use  of  both  his  handes ;  is  it  to  cast  the 
signe  of  the  crosse  in  the  aire  ?  or  is  it  that  he  may  elevate  the  pattine  and 
chalice,  and  Hft  them  high  upp?  Yea,  is  it  not  also  appoynted  in  this 
rubricke,  that  he  shall  stand  at  the  west  syde  of  the  altare,  with  his  backe 
towardes  the  people,  and  his  face  to  the  easte  ?  Such  toyes  as  thes  con- 
verte  the  Lordes  Supper  into  a  comedye,  and  exposes  such  a  mysterye  to 

(1)  [Sig.  M  8.  Rubric  ;  "  After  the  Creede,  if  ther  be  no  Sermon,  shall  follow  one  of 
the  Homilies  which  shall  hereafter  be  set  forth  by  common  authority. 

"  After  such  Sermon,  Homily,  or  exhortation,  the  Presbyter  or  Curate  shall  declare  unto 
the  people  whether  there  bee  any  Hol^'-dayes,  or  Fasting-dayes  the  week  following."] 

(2)  [Sig-  N  2.  After  the  prayer  for  the  whole  state  of  Christs  church  militant  here  in 
earth,  follow  this  Rubric  and  Exhortation :  "  Then  shall  follow  this  exhortation  at  certain 
times  when  the  Presbyter  or  Curate  shall  see  the  people  negligent  to  come  to  the  holy 
communion.  We  be  come  together  at  this  time  (dearly  beloved  brethren)  to  feed  at  the 
Lords  supper,  unto  the  which  in  Gods  behalfe  I  bid  you  all  that  be  here  present,  and  be- 
seech you  for  the  Lord  Jesus  Christs  sake,  that  yee  will  not  refuse  to  come  thereto,  being 
so  lovingly  called  and  bidden  of  God  himself,"  etc.  e/c] 

(3)  [Sig.  M  6.] 

(■1)  [Sig.  N  5.      Proper  prefaces  upon  certain  Festivalls.] 

(5)  [Sig.  N  6.  Rubric :  "  Then  the  Presbyter  standing  up,  shall  say  the  prayer  of 
consecration,  as  foUoweth,  but  then  during  the  time  of  consecration,  he  shall  stand  at  such  a 
part  of  the  holy  Table,  where  he  may  with  the  more  ease  and  decency  use  both  his  hands."] 


66 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 


A.  D.  1638.  the  mocke  of  the  prophane,  and  saddnes  the  heart  of  the  godlye.  Tliirty- 
second,  In  the  prayer  of  consecrationeO  the  wordes  of  the  institutione  are 
directed  to  God  by  way  of  prayer,  not  to  the  people,  as  Chryst  did  ap- 
poynte  it.  Thirty-third,  Albeit  the  leiturgie  of  the  Lordes  Supper  did 
begiune  with  the  Lords  Prayer,  yet  now,  after  the  offering  upp  of  Chryst, 
pay.  209, ('^^  it  is  repeated,  prefacing  it  with  this  remarkable  clause  "  We 
dare  saye ;"  wherby  they  imply,  that  at  the  first  saying  it  was  without  confi- 
dence, because  that  Chryst  was  not  yet  oifered  :  Thes  thinges  are  popish 
(nugae )  raveries.  Thirty-fourth,  The  presbyter  is  commanded  to  devyde 
the  oflTering  of  money,  and  tacke  the  half  to  himselfe  :W  This  is  sett  downe  as 
a  motive  for  to  macke  him  swallow  downe  all  thes  ceremonyes  with  the  bet- 

Baptisme.  ter  wille.  Thirty-fifth,  It  is  saide  that  it  is  most  expedient  to  baptise  in 
the  English  tounge  :<''^  Heir  it  is  questioned  why  as  much  is  not  saide  con- 
cerning the  rest  of  the  pairtes  of  Gods  worshipp  ?  and  is  it  not  mor  expe- 
dient in  some  places  of  Scottland  to  celebrate  all  sacred  dutyes  in  the  Irish 
tounge,  as  being  in  many  places  of  Scottland  better  understoode  then  the 
Englishe  tounge  ?  Thirty-sixth,  It  is  saide  that  the  primitive  churche  did 
celebrate  baptisme  only  at  Pashe  and  Pentecoste,  and  that  as  neer  as  we  can 
we  are  to  imitate  this  custome,  albeit  it  ought  not  only  to  be  practised,*  fag. 
215  :(^'  It  is  questioned  why  that  ancient  custome  is  beer  mentioned;  is  it 
to  shew  that  the  fathers  thought  not  baptisme  simply  necessaire  ?  which  the 
authors  of  the  Service  Booke  thinke  not,  for  afterward  verye  expressly  they 
affirme  the  necessitye  of  baptisme  :   Or  is  it  that  thes  fathers  may  be  accused 

(1)  [Sig.  N.  6.] 

(2)  [Sig.  N  7.  Rubric:  "  Then  shall  the  Presbyter  say  :  As  our  Saviour  Christ  hath 
commanded  and  taught  us,  we  are  bold  to  say."~\ 

(3)  [Sig.  N  8.  Rubric:  "  After  the  divine  service  ended,  that  which  was  offered  shall 
be  divided  in  the  presence  of  the  Presbyter,  and  the  Church-wardens,  whereof  one  half  shall 
be  to  the  use  of  the  Presbyter  to  provide  him  books  of  holy  divinity  :  the  other  half  shall 
be  faithfully  kept  and  employed  on  some  pious  or  charitable  use,  for  the  decent  furnishing 
of  that  Church,  or  the  publike  relief  of  their  poore,  at  the  discretion  of  the  Presbyter  and 
Church-wardens. "] 

(4)  [Sig.  O  2.  Rubric] 

*  [Licet]  in  solidum  revocanda  non  sit.     [Historia  Motuum,  p.  210.] 

(5)  [Sig.  0  2.  Rubric:  "  It  appeareth  by  ancient  Writers,  that  the  Sacrament  of  Bap- 
tisme in  the  old  time  was  not  commonly  ministred,  but  at  two  times  in  the  year :  At  Easter 
and  Whitsuntide.  At  which  times  it  was  openly  ministred  in  the  presence  of  all  the  Con- 
gregation. Which  custome  now  being  grown  out  of  use ;  (although  it  cannot  for  many 
considerations  be  well  restored  againe)  it  is  thought  good  to  follow  the  same,  as  neere  as 
conveniently  may  be."] 


Ch.  l.]  history  of  scots  affairs. 


67 


for  ther  lazinesse,  and  ther  negflecte  of  the  salvatione  of  infantes?  But  if  it  A.  D.  163* 
be  so,  why  propose  they  thes  fathers  for  a  patterne  ?  Turpe  est  doctori,  etc. 
Thirty-seventh,  In  the  celebratione  of  baptisme,  pag.  215,(0  the  godfathers 
are  desyred  to  be  present  at  the  font,  not  the  parents  ;  and  the  sanctitye  of 
the  baptismall  font  is  much  cryed  upp  :  But  it  would  be  knowne  what  mor 
efficacye  of  sanctitye  in  a  fount  then  in  a  basone?  Thirty-eighth,  Albeit  it 
be  tould  the  curate  that  the  infant  is  to  be  baptised,  yet  he  must  againe  en- 
qwyre  if  the  chyld  be  already  baptised. C^)  Thirty-ninth,  Ther  is  a  peculiar 
way  of  consecratione  appoynted  for  the  baptismall  font,  and  the  water  must 
be  chaunged  twyce  evry  monethe,  and  consecrated  anew  when  it  is  chaunged, 
pay.  2I6.<3)  Fortieth,  In  imitation  of  the  ancients,  who  enqwyred  at  such 
as,  being  come  to  age,  wer  to  be  baptised,  Firstly,  If  they  beleeved  ?  Se- 
condly, Renounce  yow  devill,  world,  etc.  ?  Thirdly,  Will  yow  be  baptised, 
etc.  ?  They  propose  the  selfe  same  questiones  ridicolously  eneuch  (satis J 
unto  infantes,  in  whoise  place  the  godfathers  are  commanded  to  ansuere, 
I  beleeve,  I  will  be  baptised,  etc.w  Forty-first,  The  godfathers,  and  not  the 
parents,  are  obleidged  to  bring  upp  the  chylde  in  the  growndes  of  ther 
relligione.^*^  Forty-second,  It  is  said  that,  in  such  as  are  to  be  baptised,  two 
thinges  are  reqwisite,  repentaunce  and  faithe  ;  which  the  infantes  performe 
by  ther  godfathers  :(^)  Wliich  assertione  is  unsownde  ;  for  since  infantes  are 
baptised  as  being  within  the  covenant  wherby  God  has  promised  that  he 
will  bee  a  God  to  the  parentes  and  to  ther  seede,  and  since  infantes  are  not 
the  seede  of  ther  godfathers,  how  can  the  faith  or  repentaince  of  godfathers 
avaUe  them  ?  Fortif-third,  In  the  leiturgie  of  marriadge,  pay.  242, W  the  Mairiadge. 
brydegroome  must  have  a  ring,  whiche  he  must  laye  upon  the  presbyters 
booke  befor  he  delyver  it  to  the  bryde  :  This,  it  would  seeme,  supplyes  the 
place  of  the  popish  benediction  by  holy  water  :  The  presbyter  gives  the  ring 
to  the  bridegroome,  quho  puttes  the  ringe   upon  the  brydes  ring  finger  of 

(1)  [Sig.  O  1.   Rubric] 

(2)  ilbid.-] 

(3)  [Sig.  O  2.  Marginal  note:  "The  water  in  the  font  shall  be  changed  twice  in  the 
moneth  at  leest :  And  betbre  any  childe  be  baptised  in  the  water  so  changed,  the  Presbyter 
or  Minister  shall  say  at  the  font  the  words  ;  Sanctijie  this  fountain  of  baptisme,  thou  which 
art  the  Sanctijier  of  all  things."'} 

(4)  [Sig.  O  3.   6  4.] 

(5)  [Sig.  0  5.] 

(6)  [Sig.  P  3.     The  Catechisme.] 

(7)  [Sig.  P  6,  where  the  same  rubric  occurs  as  that  which  is  in  the  English  Liturgy.] 


68  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.    the  lefte  hande,  and  sayes  "  with  this  ringe  I  the  wedde,  with  my  body  I  the 

worshipp  :"    The   worde  worshipp  proper   only  to  relligiouse  adoratione. 

Visitine  Sick.  Forty-fourth,  In  Visiting  the  Sicke,  par/.  249,(0  one  forme  of  prayer,  con- 
solation, exhortatione,  is  praescrybed  for  the  use  of  all  the  sicke,  without 
any  distinctione.  Forty-fifth,  At  burialls,  ther  is  reading,  praying,  and 
singing.  Forty-sixth,  Lastly,  Churchinge  of  women  is  appoynted,  which 
savours  of  Judaisme,  etc. 

Next,  for  the  seedes  of  errors  which  are  scatterd  ther,  is,  First,  Apocry- 
pha is  calld  a  pairt  of  the  Old  Testament,  pay.  1 1  -,(2)  and  that  some  bookes 
and  chapters  of  the  canonicke  Scripture  are  said  to  be  lesse  aedifyinge,  and 
that  they  may  better  [be]  omitted  then  Apocrypha's  chapters,  which  they  do 
appoynte  to  reade  ;  much  also  of  the  canonicke  Scripture  is  not  to  be  reade 
publlckly  at  aU,  such  as  the  Canticles,  all  the  Apocalyps,  except  only  two 
chapters  therof,  and  a  pairt  of  the  nineteenth  chapter :  It  may  be  questiond  if 
the  popish  error  sprung  not  from  hence  to  think  Apocrypha  canonicke  Scrip- 
ture, because  it  was  publickly  readde  in  the  Churche  ?  Second,  Observatione 
of  saintes  dayes,  pay.  31, W  and  angells  dayes  ;  yea,  mor  saintes  dayes  then 
the  Jewish  had  festivalls  under  the  law ;  quere,  if  the  worshipp  of  saintes 
tooke  not  its  originall  hence  amongst  the  papists  ?  Third,  pay.  38,('')  It  is 
said  "  Having  overcome  the  bitternesse  of  deathe,  thow  didest  opne  the 
Kyngdome  of  Heaven  to  all  beleevers,"  and  in  the  epistle  to  be  readde  in 
the  vespersCO  of  Pashe,  this  is  applied  to  1st  Peter,  iii.  ITW  ;  queree,  does 
not  this  savour  of  Limbus  Patrum  ?  Fourth,  In  the  order  of  the  buriall,  they 
praye,  pay.  262, (")  that  we,  together  with  our  deceased  brother,  and  all  others 
dead  in  the  trwe  faith  and  confessione  of  thy  name,   may  obtaine  perfect  ab- 

(1)  [Sig.   Q2.] 

(2)  [Sig.  a  6 :  "  The  order  how  the  rest  of  holy  Scripture  (beside  the  Psalter)  is  ap- 
pointed to  be  read.  The  old  Testament  is  appointed  for  the  first  Lessons  at  Morning  and 
Evening  Prayer,  and  shall  be  read  through  every  year  once,  except  certain  books  and  chap- 
ters which  be  least  edifying,  and  might  best  be  spared,  and  therefore  are  left  unread."] 

(3)  [Sig.  b  8.] 

(4)  [Sig.  A  3.  Hymn  of  Te  Deum  Laudamus:  "  When  thou  haddest  overcome  the 
sharpnesse  of  death  :  thou  diddest  open  the  kingdome  of  heaven  to  all  beleevers."] 

(5)  [The  Vigil  of  Pasch,  or  Easter  Even,  is  meant.] 

(6)  [Gordon  seems  here  to  have  misunderstood  Spang,  whose  meaning  indeed  is  not  very 
clear.  His  words  are  these: — "  Devicta  mortis  acetbitate,  aperuisti  regnum  coelorum  om- 
nibus credentibus,  pag.  38.  &  in  epistola  praelegenda  ad  vesperam  Paschatis,  applicatur  1. 
Pet.  3.  17.      Annon  sapiunt  haec  limbum  patriarcharum  ?"] 

(7)  [Sig.  Q  8.  The  prayer  referred  to  is  the  same  as  that  which  is  appointed  in  the 
English  Liturgy  ] 


Ch.  l.]  history  of  scots  affairs.  69 

solutione  and  an'e  consummated  blessing,  both  of  soule  and  bodye ;  quere, 
will  not  prayer  for  the  deade  qwickly  grow  out  of  such  a  roote  ?  Fifth, 
"  From  whordome,  and  all  mortall  sinnes,  save  us,  good  Lord"  :("  Heer  is 
expresse  distinctione  of  sinnes  into  mortall  and  venialle.  Sixth,  At  Christ- 
masse,  such  as  pray  saye,  this  day  the  sonne  of  God  is  borne  :(2>  Whence  it 
followes,  Chryst  was  as  oftne  borne  as  ther  are  yeares  from  his  nativitye,  viz. 
1637,  a  yeare  befor  the  comitty  satt  downe :  Or,  if  it  be  understood  of  the 
day  of  the  moneth,  then  it  cannot  be  a  prayer  in  faith,  for  the  day  nor  yeare 
nor  moneth  is  not  founde  in  Scripture  :  The  lycke  also  is  said  concerninge 
the  Circumcisione,  Epiphanye,(3)  and  other  feastes.  Seventh,  In  the  collecte 
of  the  third  Lordes  day  after  Pash,'"*)  it  is  saide  that  God  showes  the  light 
of  his  truth  to  all  that  are  walking  in  error ;  contrare  to  Psalm  cxlvii.  verses 
19,  20.  Eighth,  In  the  collect  at  the  feast  of  Michaelmasse,  Michael  is  called  a 
created  angell  ;(5)  contrare  to  Apocalypse  xii.  7.  Ninth,  In  the  rubricke  befor 
the  communion,  the  praeparatione  of  communicants  seems  to  be  no  mor  but 
that  such  as  are  to  communicate,  the  night  befor  lett  the  presbyter  know 
ther  names,  or  that  same  day  that  they  are  to  communicate  :(^'  albeit  a 
preacher  cannot  in  so  short  a  space  enqwyre  in  ther  lyfe  and  manners,  nor 
tacke  awaye  scandalls  nor  discords.  Tenth,  ibid.  Such  as  are  guiltye  of 
scandall  is  admitted  to  communicate,  provyding  that  he  resolve  for  to  satisfie 
afterwardes :(')  j?/erjY«r,  is  not  this  contrare  to  Chrystes  institution,  whobiddes 
us  first  be  reconceiled,  etc.  i  Eleventh,  As  the  booke  itself  wants  all  church 
authority,  so,  pag.  29,(')  it  commandes  to  receave  the  homilyes  that  are  to  be 

(0  [Sig.  B  2.  The  Letany :  "  From  fornication,  and  all  other  deadly  sinne,  Good 
Lord  deliver  us."] 

(2)  [Sig.  C  3.  The  Collect  for  Christmas  day  :  "  Almighty  God,  which  hast  given  us 
thy  only  begotten  Sonne  to  take  our  nature  upon  him,  and  this  day  to  be  borne  of  a  pure 
Virgin  :  Grant  that  we,"  etc.'] 

(3)  [Sig.  C  7.  The  collects  referred  to  are  the  same  with  those  appointed  in  the  English 
Book  of  Common  Prayer  for  the  same  days.] 

(■<)  [Sig.  G  8.    The  collect  is  the  same  with  that  appointed  in  the  English  Liturgy.] 

(5)  [Sig.  M  '2.  The  Collect  is  substantially  the  same  with  that  appointed  in  the  English 
Liturgy.  Spang's  words  are  these:  "  In  collecta  ad  festum  S.  Michaelis,  Michael  ille 
Angelorum  princeps,  Apocalyps.  12.  7.  refertur  inter  Angelos  creates,  cum  tamen  sit  lesus 
Christus."] 

(6)  [Sig.  M.  6.  Rubric :  "  So  many  as  intend  to  bee  partakers  of  the  holy  Communion, 
shall  signifie  their  names  to  the  Presbyter  or  Curate  over  night,  or  else  in  the  morning  afore 
the  beginning  of  Morning  prayer,  or  immediatly  after."] 

(7)  [Sig  M  6  Rubric] 

(8)  [Sig.  M  8.  Rubric :  "  After  the  Creede,  if  there  be  no  Sermon,  shall  follow  one  of 
the  Homilies  which  shall  hereafter  be  set  forth  by  common  authority."] 


70 


HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 


A.  D.  1638.  composed  by  publicke  autlioritye:  Hence  it  follows  that  prayer  and  preaching 
must  depend  upon  publicke  civil  autlioritye ;  and  that,  in  matters  of  relli- 
gione,  the  church  is  tyed  to  blynd  obedience ;  and  that  the  foundatione  of 
faithe  is  ane  proclamatione  procured,  or  to  be  procured,  from  courte. 
Twelfth,  The  prayer  of  the  oftertorye  contradictes  the  inscriptione  ;  which 
is,  Lett  us  praye  for  Chrystes  universall  church,  heer  militant  upon  earthe : 
Butt  in  the  prayer  ther  is  a  comraemoratione  of  the  deade,  and  a  restrictione 
of  the  catalogue  of  sainctes  to  such  as  are  now  in  glorye :(')  So  that  thus  ther 
is  a  waye  made  to  the  canonizatione  and  invocatione  of  sainctes  :  Lyckwayes 
ther  prayer  is  made  for  the  dead  who  have  spent  ther  lyfe  in  the  faithe,  and 
now  rest  from  ther  labours  :t'^  By  which  way  BeUarmine  does  confesse  that  the 
soules  in  purgatorye  are  best  descrybed.  Thirteenth,,  Auricular  confes- 
sione  is  urged  upon  the  people,  pat/.  204,(2) and  absolutione  is  expressly  offered 
to  them.  Fourteenth,  The  communion  may  be  celebrated,  if  three  or  four 
be  present, /)rt^.  214(3);  i)^^^  may  ^jg  deacon,  sub-deacon,  and  clerke,  albeit 
none  of  the  people  be  present :  What  can  be  lycker  privatte  masse  ?  Fifteenth, 
It  is  ther  appoynted  that  all  communicat  thryce  evrye  yeare,  but  specially 
at  Pashe  ('') :  This  is  Judaicall,  nor  doe  we  read  that  Chryst  affixed  it  to  any 

(1)  [Sig.  N  1.  In  the  prayer  for  the  church  militant,  the  Scotish  Service  Book  has  the 
following  sentences,  in  place  of  the  concluding  sentence  of  the  same  prayer  in  the  English 
Liturgy : — "  And  we  also  blesse  thy  holy  name  for  all  those  thy  servants,  who  having 
finished  their  course  in  faith,  do  now  rest  from  their  labours.  And  wee  yeeld  unto  thee 
most  high  praise  and  hearty  thankes  for  the  wonderful!  grace  and  vertue  declared  in  all  thy 
saints,  who  have  been  the  choice  vessels  of  thy  grace,  and  the  lights  of  the  world  in  their 
severall  generations :  most  humbly  beseeching  thee,  that  we  may  have  grace  to  follow  the 
example  of  their  stedfastnesse  in  thy  faith,  and  obedience  to  thy  holy  commandements,  that  at 
the  day  of  the  general  resurrection,  wee,  and  all  they  which  are  of  the  niysticall  body  of  thy 
Son,  may  beset  on  his  right  hand,  and  hear  his  most  joyfuU  voice.  Come  yee  blessed  of  my 
Father,  inherit  the  kingdome  prepared  for  you  from  the  foundation  of  the  world.  Grant 
this,  O  Father,  for  Jesus  Christs  sake  our  only  Mediatour  and  Advocate.     Amen."] 

(2)  [Sig.  Q  4.  The  Visitation  of  the  Sick.  The  rubric  and  collect  are  the  same  as  those 
in  the  English  Liturgy;  except  that  the  clause  in  the  former  "if  he  humbly  and  heartily 
desire  it"  does  not  occur  in  the  Scotish  Service  Book.] 

(3)  [Sig.  Q  5.  The  Communion  of  the  sick.  Rubric:  "  But  if  the  sick  person  be  not 
able  to  come  to  the  Church,  and  yet  is  desirous  to  receive  the  Communion  in  his  house, 
then  he  must  give  knowledge  over  night,  or  else  early  in  the  morning,  to  the  Presbyter  or 
Curate,  signifying  also  how  many  be  appointed  to  communicate  with  him :  and  having  a 
convenient  place  in  the  sick  mans  house,  where  the  Presbyter  or  Curate,  may  reverently 
minister,  and  a  sufiicient  number,  at  least  two  or  three  to  receive  the  Communion  with  the 
sick  person,  with  all  things  necessary  for  the  same,  he  shall  there  minister  the  holy  Com- 
munion."] 

('')  [Sig.  O  1.  Rubric  ;  "  And  note  that  every  parishioner  shall  communicate  at  the  least 
three  times  in  the  year,  of  which  Pasch  or  Easter  shall  be  one,"] 


Ch.  l.]  history  of  scots  affairs.  71 

one  tyme.  Sixteenth,  pag.  216, ('>  To  perswade  the  people  of  the  necessitye  A.  D.  Ifi38. 
of  baptisme,  they  cite  the  wordes,  John  iii.,  except  a  man  be  borne  agane  of 
water  and  of  the  spiritt,  etc. :  which  wordes  are  not  to  be  tackne  for  the  bap- 
tisme of  water ;  and  ther  it  is  saide  that  God  has  sanctifyd  the  fonte ;  with- 
out any  warrant  of  Scripture.  Seventeenth,  In  the  exhortatione  after  the 
crosse  in  baptisme/^)  this  grounde  is  tackne  for  confessed,  that  all  who  are 
outwardly  baptised  are  regenerated  :  juic/.  224,  (')  it  is  saide  that  baptised  in- 
fantes have  all  thinges  needful  to  salvatione  :  Which  they  saye  who  mantaine 
totall  and  linall  apostasy  of  the  sainctes.  Eighteenth,  The  interrogationes 
proposed  at  the  examinatione  of  private  baptisme,  pag.  223(-'),  presume  that 
such  may  baptise  who  are  both  ignorant  of  the  matter  and  forme  of  bap- 
time.  Nineteenth,  It  is  said,  pag.  231,(5)  that  Chryst  has  redeemed  me  and 
all  mankynde  :  This  implyes  universall  redemptione.  Twentieth,  pag.  235,(''' 
It  is  saide  that  ther  are  two  sacraments  generally  necessaire  to  salvatione  : 
This  implyes  that  ther  are  other  sacraments  lesse  necessaire ;  and  after- 
ward it  is  said  that  orders,  matrimony,  pennance,  and  confirmation  are  of  that 
number.  Ticentij-first, pag .  236, (')  The  internaU  pairtes  of  the  sacrament  of 
the  Lordes  Supper,  are  saide  to  bee  the  bodye  and  blood  of  Chryste,  which 
are  trulye  tackne  in  the  Holy  Supper ;  yet  no  wher,  neither  in  the  leiturgye 
of  the  Euchariste,  nor  in  the  catechism,  is  ther  any  exphcatione  of  that 
phrase  to  distinguish  it  from  transubstantiatione.  Twenty-second,  Confir- 
matione,  -pag.  237,  238,(8)  acording  to  the  definition  of  a  sacrament  in  the 
catechisme,  will  be  a  sacrament,  viz.  "  ane  outward  and  visible  signe  of  ane 
inwarde  and  spiritwall  grace,  dispenced  on  us*  and  instituted  by  Chryste  as 

(1)  [Sig.  O  2.    The  exhortation  is  the  same  with  that  in  the  English  Liturgy.] 

(2)  [Sig.  O  4.    The  exhortation  is  the  same  with  that  in  the  English  Liturgy.] 

(3)  [Sig.  O  6.  Private  Baptisme.  Exhortation  after  the  Gospel :  "  Doubt  ye  not  there- 
fore, but  stedfastly  beleeve,  that  he  hath  liliewise  favourably  received  this  present  Infant, 
that  he  hath  embraced  him  with  the  arms  of  his  mercy,  that  he  hath  given  unto  him  the 
blessing  of  eternall  life,  and  made  him  partaker  of  his  everlasting  Kingdome."] 

(■«)  [Sig.  O  6.  They  are  the  same  as  those  in  the  English  Liturgy,  except  that  a  sixth 
question  is  added  in  the  Scotish  Service  Book :  "  Whether  think  you  the  childe  to  bee  law- 
fully and  perfectly  baptized  ?"] 

(5)  [Sig.  P.     The  Catechisme.] 

(6)  [Sig.  P  2.] 
0)  [Sig.  P  3.] 
(8)  [Sig.  P.  4.] 

*  In  nos  coUatae.  [Historia  Motuum,  p.  213.  The  words  of  the  Catechisme  are,  "an 
outward  and  visible  signe,  of  an  inward  and  spirituall  grace,  given  unto  us,  ordained  by  Christ 
himself,  as  a  means  whereby  we  receive  the  same,  and  a  pledge  to  assure  us  thereof. "  Sig.  P3.] 


72  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

a  meanes  by  which  grace  is  receaved,  and  ane  earnest  wherby  we  are  assured 
of  that  grace"  :  Heer  the  outward  signe  is  impositione  of  handes  by  the 
bishopp,  who  only  can  confirme ;  the  internal!  and  spiritwall  grace  is  defence 
and  strenthe  against  all  the  assaults  of  devill,  world,  etc.  ;  in  the  prayer 
after  impositione  of  handes,  the  bishopp  sayes,(')  "we  power  forth  most 
humble  prayers  to  thee  for  thes  childeren,  upon  whom,  acording  to  the  ex- 
ample of  thy  Apostles,  we  doe  laye  our  handes,  that  therby  we  might  macke 
them  the  mor  assured  by  this  sign  of  thy  good  will  towards  them"  :  Whence 
it  foUowes  that  impositione  of  the  bishopp's  handes  is  "  signum  ohsu/nator- 
ium"  the  meanes  by  which  grace  is  conferred  :  Adde  to  this,  that  by  reasone 
of  the  bishopp,  who  only  has  power  to  dispence  of  it,  it  is  preferred  to  the  two 
undoubted  sacraments  ;  and,  morover,  this  confirmation  is  absolutly  termed 
necessaire  :  Now,  what  does  all  this  diifer  from  the  papistes?  Twentij-third, 
And  what  wOl  hinder  matrimony  to  be  tacitly  reockned  upp  amongst  the 
sacraments  ?  For  the  ring,  being  twoched  by  the  presbyters  booke,  wiU  be 
holye,  signifying  a  symbole  of  grace.  Intimating  that  such  as  are  marryed 
must  live  in  mutwall  peace  and  love,  and  acording  to  Chrystes  commands. 
Twenty-fourth.,  In  the  celebratione  of  matrimonye,  jmij.  242,(2)  the  bryde- 
grome  is  taught  by  the  presbyter  to  saye  to  the  bryde,  "  I  macke  the  par- 
taker of  all  my  goodes,  or  I  endow  the  with  all  my  goodes  of  fortune,  in 
the  name  of  the  Father,  Sonne,  and  Holy  Goste" :  By  which  wordes  the 
husband  is  holdne  to  communicate  to  his  wyfe  all  his  goodes,  both  movable 
and  immovable,  except  he  would  be  perjured.  Twenty-Jifth,  In  the  order 
of  the  visitatione  of  the  sicke,  pay.  253, W  the  sicke  man  is  commanded 
for  to  macke  a  particular  confessione  of  his  sinnes  befor  the  presbyter,  from 
which  he  is  to  be  absolved  by  the  presbyter  :  This  practise  lookes  very  lycke 
auricular  confessione.  Twenty-sixth,  In  tyme  of  pestelence,  or  the  raging 
of  any  contagiouse  sicknesse,  it  is  permitted  to  the  minister  to  celebrate 
the  Lords  Supper  with  the  sicke  persone  alone  ;(^)  and  if  with  one  sicke  per- 
sone,  why  not  with  any  other  persone  alone  ?      Txoenty-seventh,   It  is  said, 


(i)  [Sig.  P  4.  "  We  make  our  humble  supplications  unto  thee  for  these  children,  upon 
whom  (after  the  example  of  the  holy  Apostles)  we  have  laid  our  hands,  to  certifie  them  (by 
this  signe)  of  thy  favour  and  gracious  goodncsse  toward  them."] 

(2)  [Sig.  P  6.     The  words  referred  to  are  the  same  with  those  in  the  English  Liturgy.] 

(3)  [Sig.  Q  6.  The  Communion  of  the  sick.  The  Rubric  referred  to  is  the  same  with 
that  in  the  English  Liturgy.] 

(.1)  [Sig.  Q4.] 


Ch.  l.]  history  of  scots  affairs.  73 

pag.  267,(0  "  that  ther  was  ane  holy  discipline  in  the  primitive  churche,  A.  D.  1638. 
so  that  notoriouse  sinners  in  the  beginning  of  Lent  wer  brought  to  publicke 
pennance,  and  that  such  did  most  humbly  submitte  themselves  to  undergoe 
punishment  in  this  worlde,  that  so  ther  soules  might  be  safe  in  the  daye  of 
the  Lorde :  in  place  wherof,  till  the  lycke  discipline  can  be  restored  (qubich 
is  most  to  be  wished)  it  seemed  good  at  this  tyme  to  read  befor  yow  the 
generall  curses  which  God  pronounceth  against  impenitinent  sinners :" 
What  other  is  all  this,  then  to  wishe  that  the  penitentiary  actes  of  satis- 
factione  may  be  restored  ?  And  it  is  false  that  ther  was  anye  such  custome 
in  the  primitive  churche,  except  they  meane  to  disgwyse  the  corrupt 
churche  of  Rome  with  such  a  title  and  name.  All  which  things  doe  evi- 
dently shew  that  the  authors  of  this  booke  doe  inclyne  to  the  present  churche 
of  Rome. 

Lyckewayes  in  this  booke  are  contained  the  seedes  of  idolatrye  :  for,  First, 
The  calendare  containeth  a  catalouge  of  some  men  and  women  whom,  in  a  spe- 
ciall  waye,  they  dignifie  with  the  name  of  sainctes :  What  other  is  this  but 
the  canonizatione  of  sainctes,  which  makes  way  to  the  invocatione  of 
sainctes  ?  Second,  To  this  ende  lyckwayes  inclynes  the  dedicatione  of 
dayes  in  the  honour  of  the  sainctes,  which  this  church,  ever  since  the  Re- 
formatione,  did  ever  accompt  popish  idolatrye.  Third,  The  Blessed  Vir- 
gine,  pag.  14.0)  is  called  our  Ladye.  Fourth,  In  the  pi-ayer  of  consecratione 
of  the  elements  of  the  communion,  thes  wordes  are  to  be  readde :  "  blesse 
and  sanctifie  with  thy  worde  and  spiritt  thes  thy  creatures  of  bread  and  of 
wyne,  that  they  may  become  to  us  the  bodye  and  bloode  of  thy  dear  Sonne :"(') 
which  are  the  very  formall  wordes  of  the  canon  of  the  masse  for  transub- 
stantiatione.  The  apostle  sayes,  indeed,  that  the  creaturs  are  sanctifyd  by 
the  worde  and  prayer ;  but  wher  was  it  ever  heard  that  thinges  uncapable  of 
spiritwall  grace  are  sanctifyd  by  the  spiritt  ?  Meane  whyle,  the  contryvers 
of  the  booke  have  sufficiently  bewrayd  ther  meaninge,  viz.  that  God,  by 
the  omnipotencye  of  his  spiritt,  wold  miracolously  macke  that  wyne  and 

(1)  [Sig.  R  2.  "  A  Commination  against  sinners,  with  certain  Prayers  to  be  used  divers 
times  in  the  year,  and  especially  on  the  first  day  of  Lent,  commonly  called,  Ashwednesday." 
The  exhortation  referred  to  is  substantially  the  same  with  that  in  the  English  Liturgy.] 

(2)  Sig.  a  7.  Table  of  Lessons  proper  for  some  holy-daies :  "  Annunciation  of  our 
Ladie."] 

(3)  [Sig.  N  6.  "  Vouchsafe  so  to  blesse  and  sanctifie  with  thy  word  and  holy  Spirit  these 
thy  gifts  and  creatures  of  bread  and  wine,  that  they  may  bee  unto  us  the  body  and  bloud  of 
thy  most  dearly  beloved  Son."] 


74  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

breade  to  be  turned  into  the  true  body  and  bloode  of  Chryste.  For  the 
sanctificatione  which  is  prayd  for  in  thes  wordes  is  a  certaine  chaunge, 
either  sacramental!,  or  spiritwall,  or  by  transubstantiatione  :  It  is  not  sacra- 
mentall,  for  then  other  words  wold  not  be  necessaire  but  the  wordes  of 
Chrystes  institutione :  Nor  is  it  spritwall,  for  then  they  wold  saye  with  the 
English  leiturgye,  "  sanctifie  us  with  thy  worde  and  spiritt,  that  we  maybe 
partackers  of  the  bodye  and  bloode  of  Chryste  :"  ('>  It  remaines,  therfor, 
that  thes  wordes  should  be  understoode  concerning  transubstantiatione,  and 
to  this  pourpose  the  booke  mackes  mentione  of  the  corporall,  which  worde 
they  doe  not  use  till  after  the  consecratione.  Fifth,  pag.  208/2)  It  is  noted 
upon  the  margent,  that  when  the  presbyter  comes  to  thes  wordes  of  the 
institutione  "  he  tooke  breade,"  then,  being  to  officiate,  he  shall  tacke  breade 
in  his  handes.  And  in  the  Roman  missall  it  is  ordered  that,  whilste  the 
preest  repeatesthe  wordes  "  Hoc  est  enim  corpus  vieum"  he  must  bft  or  ele- 
vate the  hostia  above  his  heade,  that  it  may  be  seen  and  worshipped  by  all. 
Nor  is  it  to  be  doubted  but  the  sence  is  one  beer,  if  the  place  that  the  pres- 
byter standes  in,  and  the  place  wher  the  people  are  at  that  tyme,  be  atten- 
tivly  considdered ;  for  the  presbyter,  in  this  acte,  standes  at  a  distaunce 
from  the  people,  at  the  west  syde  of  the  altare,  with  his  backe  to  the  peo- 
ple, and  the  people  are  all  on  ther  knees  without  the  chancell :  therfor  it  is 
necessair  for  him  to  elevate  the  patten  and  chalice,  that  the  people  may  see 
it,  otherwayes  it  wer  in  vane  for  him  to  tacke  into  his  handes  the  species 
(as  the  booke  speackes).  Adde  to  all,  that  by  such  a  scitvatione  of  presbyter 
and  people,  both  are  engadged  for  to  praye  with  ther  faces  towards  the  easte : 
Heer  is  a  deceitfuU  insinuation  of  idolatrye.  Sixth,  The  papistes  have  a 
twofold  oblatione  in  the  masse ;  the  first  preparatorye,  of  breade  and  wyne 
to  be  consecrated ;  the  seconde,  of  the  hostia,  after  consecratione :  this 
booke  containeth  bothe.  The  first  is  expressly  in  the  offertorye  :  the  seconde 
is  in  the  memoriall  of  the  oblatione,^'^  after  the  prayer  of  consecratione  ;  for 

(1)  [The  words  of  the  English  Liturgy  are  these  ;  "  Grant  that  wee  receiuing  these  thy 
creatures  of  bread  and  wine,  according  to  thy  Sonne  our  Sauiour  Jesus  Christs  holy  insti- 
tution, in  remembrance  of  his  death  and  passion,  may  be  partakers  of  his  most  blessed 
body  and  blood."] 

(2)  [Sig.  N  6.  Marginal  note  :  "  At  these  words  (took  bread)  the  Presbyter  that  officiates 
is  to  take  the  Paten  in  his  hand.  At  these  words  (took  the  cup)  he  is  to  take  the  chalice  in 
his  hand,  and  lay  his  hand  upon  so  much,  be  it  in  chalice  or  flagons,  as  he  intends  to 
consecrate."] 

(3)  [Sig.  N  6.  After  the  prayer  of  consecration  follows  this  memoriall  or  prayer  of 
oblation .  "  Wherefore  O  Lord  and  heavenly  Father,  according  to  the  institution  of  thy 


Ch.  l.]  history  of  scots  affairs.  75 

besyde  that  the  title  it  self  mackes  it  cleare,  the  wordes  of  the  memorial    A.  D.  1638. 

themselves  macke  it  out  fullye  :   and  albeit  it  macke  mentione  of  the   sacri- 

tice  of  praise  or  thankes  givinge,  yet,  by  that  worde,  no  spiritwall  sacrifice  is 

to  be  understoode,  which  consistethe  in  praise  and  thankes  giving,   but  the 

sacrifice  of  Chrystes  bodye,   so  termed  because  God  is  therby  praised,   Bel- 

larmine  so  interpreting  it,  de  Missa,  lib.  2.  cap.  21.      Seventh,   Albeit  the 

presbyter   stoode   befor   consecratione,    yet,   after  consecratione,   he  must 

kneele  :  and, paq.  104,(0  he  sayes,  that  Chrystes  flesh  is  eatne  and  his  blood 

drunke  ;  and  it  is  prayed  that  our  bodyes  may  be  purifyd  by  his  bodye,  and 

that  our  soules  may  be  washed  in  his  bloode:   All  thes  phrases  are  very 

grosse,  being  proposed  so  rawly,  without  any  explicatione  or  distinctione, 

from  the  popish  errors.     Eir/hth,    The  bishopp  or  presbyter  officiating  is 

commanded  to  communicate  himself  in  both  kyndes  befor  he  delyver   it  to 

the  people, />«</.  210  :(2)  Wher,  Jiist,  the  worde  species  smells  of  poperye;  as  if 

the  materialls  of  the  elements  of  breade  and  wyne  did  not  remaine  after 

dearly  beloved  Son  our  Saviour  Jesus  Christ,  we  thy  humble  servants  do  celebrate  and  make 
here  before  thy  divine  Majestie,  with  these  thy  holy  gifts,  the  memoriall  which  thy  Son 
hath  willed  us  to  make,  having  in  remembrance  his  blessed  passion,  mightie  resurrection,  and 
glorious  assension,  rendring  unto  thee  most  heartie  thankes  for  the  innumerable  benefits 
procured  unto  us  by  the  same.  And  we  entirely  desire  thy  Fatherly  goodnesse,  mercifully 
to  accept  this  our  sacrifice  of  praise  and  thanksgiving,  most  humbly  beseeching  thee  to  grant, 
that  by  the  merits  and  death  of  thy  Sonne  Jesus  Christ,  and  through  faith  in  his  bloud,  we 
(and  all  thy  whole  church)  may  obtain  remission  of  our  sinnes,  and  all  other  benefits  of  his 
passion.  And  here  wee  oft'er  and  present  unto  thee,  O  Lord,  our  selves,  our  souls  and 
bodies,  to  be  a  reasonable,  holy  and  lively  sacrifice  unto  thee,  humbly  beseeching  thee,  that 
whosoever  shall  be  partakers  of  this  holy  communion,  may  worthily  receive  the  most  pre- 
cious bodie  and  bloud  of  thy  Son  Jesus  Christ,  and  be  fulfilled  with  thy  grace  and  heavenly 
benediction,  and  made  one  bodie  with  him,  that  he  may  dwell  in  them,  and  they  in  him. 
And  although  wee  be  unworthie,  through  our  manifold  sinnes,  to  oft'er  unto  thee  any  sacri- 
fice :  yet  wee  beseech  thee  to  accept  this  our  bounden  dutie  and  service,  not  weighing  our 
merits,  but  pardoning  our  offences,  through  Jesus  Christ  our  Lord ;  by  whom,  and  with 
whom,  in  the  unitie  of  the  holy  Ghost,  all  honour  and  glory  be  unto  thee,  O  Father  al- 
mightie,  world  without  end.     Amen."] 

(')  [Sig.  N  7.  After  the  memoriall  or  prayer  of  oblation,  follows  the  Lord's  Prayer,  and 
immediately  thereafter  this  Rubric :  "  Then  shall  the  Presbyter  kneeling  down  at  Gods 
board,  say  in  the  name  of  all  them  that  shall  communicate,  this  collect  of  humble  accesse  to 
the  holy  communion,  as  followeth  :  '  We  do  not  presume  to  come  to  this  thy  table  (O 
mercifuU  Lord)  trusting  in  our  own  righteousnesse,  but  in  thy  manifold  and  great  mercies. 
We  be  not  worthie  so  much  as  to  gather  up  the  crumbes  under  thy  table.  But  thou  art 
the  same  Lord,  whose  propertie  is  always  to  have  mercie  :  grant  us  therefore,  gracious  Lord, 
so  to  eat  the  flesh  of  thy  dear  Son  Jesus  Christ,  and  to  drink  his  bloud,  that  our  sinfull 
bodies  may  bee  made  cleane  by  his  body,  and  our  souls  washed  through  his  most  precious 
blood,  and  that  wee  may  evermore  dwell  in  him,  and  he  in  us.     Amen.'  "] 

(2)  [Sig.  N  7.  Rubric :  "  Then  shall  the  Bishop,  if  he  be  present,  or  else  the  Presbyter 
that  celebrateth,  first  receive  the  communion  in  both  kindes  himself,  and  next  deliver  it  to 
other  Bishops,  Presbyters  and  Deacons  (if  any  be  there  present)  that  they  may  help  him 
that  celebrateth  ;  and  after  to  the  people  in  due  order,  all  humbly  kneeling."] 


76  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  consecratione  :  second,  it  seems  to  imply  a  consuming  of  the  sacrifice,  wher- 
in  Bellarmine,  de  Missa.  lib.  1.  cap.  27.  will  have  its  forme  to  be  placed, 
for  heer  the  sacrifice  is  accomplished,  and  is  consumed  by  the  presbyter, 
befor  the  people  be  admitted.  Ninth,  In  the  leiturgie  of  baptisme,(')  the 
chylde  who  is  to  be  baptised  is  signed  with  the  crosse  :  which  is  aiie  humane 
additione,  and  a  symbolicall  ryte  without  warrant,  superadded  to  Chrystes 
institutione ;  a  seed  lyckwayes  of  ane  horrible  idolatrye  amongst  the  papistes, 
which  this  churche  has  expressly  abjured  as  suche.  Tenth,  Such  as  are 
marryed,  jJag-  244,(2)  a^,.g  bijdne  bow  the  knee  befor  the  altare :  and  what 
other  is  this  but  that  which  is  enjoyned  in  the  solemnityes  of  marriadge  by 
the  Romishe  ritwale,  or  booke  of  ceremoneyes  ? 

Lastly,  The  new  Scottish  Service  Booke,  in  many  thinges,  is  worse  and 
mor  corrupt  then  the  English  Service  Booke :  for,  First,  There  are  manye 
mor  sainctes  putt  in  its  calendare,  then  in  that  of  Englande.(')  Second, 
Befor  the  communion,  the  English  leiturgye  exhortes  all  who  are  to  commu- 
nicate to  be  myndefull  of  the  poore  ;  in  place  of  which  exhortation  the  new 
booke  bidds  rehearse  some  sentences  tackne  out  of  the  Roman  oifertorye.C'') 

(1)  [Sig.  O  4.] 

(2)  [Sig.  P  7.     The  Rubric  is  the  same  as  that  in  the  English  Liturgy.] 

(3)  [The  following  saints  occur  in  the  Kalendar  of  the  English  Church,  but  do  not  ap- 
])ear  in  that  prefixed  to  the  Scotish  Service  Book  :  "  Hilary,  Bp.  &  C."  (13th  January)  ; 
"  Edward,  King  of  West  Sax."  (18th  March)  ;  "  Ven.  Bede,  Presb."  (27th  May)  ;  and 
"  St.  Alban,  Mart."  (17th  June).  The  Scotish  Kalendar  contains  the  following  saints,  none 
of  whom  IS  found  in  the  English  :  "  David,  King."  (11th  January)  ;  "  Mungo,  Bishop." 
(13th  January);  "  Colman."  (18th  February);  "  Const.  3.  King."  (1 1th  March):  "  Pa- 
trick" (17th  March);  "  Cyril,  Bishop."  (18th  March)  ;  •'  Cuthbert,  Bishop."  (^Oth  March)  ; 
"  Gilbert,  Bishop."  (Ut  April);  "  Serf,  Bishop."  (20th  April) ;  "  Columba."  (9th  June); 
"  Palladius."  (6th  July) ;  "  Ninian,  Bishop."  (l8th  September) ;  "  Adaman,  Bishop."  (iSth 
September);  "  Margaret,  Q."  (16th  November);  "  Ode,  Virgin."  (27th  November); 
"  Drostane."  (4th  December).  It  was  part  of  the  King's  instructions  to  the  Scotish  bishops, 
"  that  in  their  Kalendar  they  should  keep  such  Catholick  Saints  as  were  in  the  English, 
such  of  the  Saints  as  were  most  peculiar  to  that  Kingdom  (especially  those  which  were  of 
the  Royal  Blood,  and  some  of  the  most  holy  Bishops)  being  added  to  them :  but  that  in  no 
case  St  George  and  St  Patrick  be  omitted."     Heylyn's  Life  of  Archbishop  Laud,  p.  325.] 

(•<)  [English  Rubric ;  Scotish  Rubric  : 

"  After  such  Sermon,  Homily,  or  exhorta-  "  After  such  Sermon,  Homily,  or  exhorta- 

tion, the  Curate  shal  declare  vnto  the  peo-  tion,  the  Presbyter  or  Curate  shall  declare 
pie,  whether  there  be  any  holy  dayes  or  unto  the  people  whether  there  bee  any  Holy- 
fasting  dayes  the  weeke  following,  and  ear-  dayes,  or  Fasting-dayes  the  week  following, 
nestly  exhort  them  to  remember  the  poore,  and  earnestly  exhort  them  to  remember  the 
saying  one  or  moe  of  these  Sentences  fol-  poore,  saying  (for  the  offertory)  one  or  moe 
lowing,  as  he  thinketh  most  conuenient  by  of  these  sentences  following,  as  hee  thinketh 
his  discretion."  most  convenient  by  his  discretion,  according 

to  the  length,  or  shortnesse  of  the  time  that 
the  people  are  offering."] 


Ch.  l.]  history  of  scots  affairs.  77 

Third,  Albeit  in  the  English  ther  be  some  sentences  by  which  the  people 
are  exhorted  to  almes  giving,  yet  all  of  them,  for  the  most  pairt,  are  tackne 
out  of  the  New  Testament,  and  they  speacke  only  concerning  almes,  so 
that  there  is  no  feare  that  the  wordes  be  perverted  into  any  other  sence; 
but  the  new  one  has  many  sentences  of  the  Old  Testament  which  can  only 
be  understoode  concerning  the  Leviticall  sacrifices  and  oblations. ('^  Fourth, 
In  the  English  booke,  the  people  are  bidde  praye  that  God  wold  accept  of 
the  almes  of  his  people,  etc. :  but  in  ours,  ther  is  a  thankes  giving  super- 
added for  such  as  are  deade  in  the  faithe,  etc.  ;(^)  so  that  it  does  nior  resem- 
ble the  popish  masse,  as  was  befor  observed.  Fifth,  In  the  English  booke, 
the  holy  table  is  placed  in  the  middle  of  the  nave  of  the  temple  or  sacrarium: 
but  in  ours,  the  altar  must  be  putt  in  the  qwyre  within  the  chancell,  and  one 
syde  of  the  altar  must  twoche  the  easterne  walle.(^)  Sixth,  In  the  English 
leiturgye,  after  the  prayer  of  consecratione,  the  presbyter  is  biddne  com- 
municate and  then  immediatly  give  to  the  people  :  but  in  ours,  after  the 
prayer  of  consecratione  (different  from  that  of  the  English),  the  prayer  of 
the  second  oblatione  followeth,  according  to  the  ideea  of  the  masse. 
Seventh,  In  the  Englishe,  the  presbyter  delyvering  breade  to  the  people  is 
bidd  saye,  "  Tacke  eate,  for  a  memoriall  that  Chryst  has  dyed  for  yow,  eate 
him  with  faith  in  your  hearte,  with  thankes  givinge"  ;('')  which  goldne  sentence, 
which  cuttes  the  throate  of  transubstantiatione,  is  altogether  omitted  in  our 
leiturgye,  because,  forsoothe,  it  is  not  to  be  founde  in  the  canon  of  the 

(1)  [The  verses  in  the  English  Liturgy  are  these  ;  St.  Matthew  v.  16;  vi.  19,  20;  vii. 
12,  21  ;  St  Luke  six.  8  ;  1st  Corinthians  ix.  7,  H,  13,  14  ;  2d  Corinthians  ix.  6,  7  ;  Gala- 
tians  vi.  6,  7,  10  ;  1st  Tiniothj'  vi.  6,  7,  17,  18,  19 ;  Hebrews  vi.  10  ;  xiii.  16  ;  1st  John  iii. 
17;  Tobit  iv.  7,  8,  9;  Proverbs  six.  17;  Psalms  xli.  2.  The  verses  in  the  Scotish  Li- 
turgy are  the  following:  Genesis  iv.  3  ;  Exodus  xxv.  2;  Deuteronomy  xvi.  16;  1st  Chro- 
nicles xxix.  10;  Psalms  xcvi.  8 ;  St.  Matthew  vi.  19,  20;  vii.  12;  St.  Mark  xii.  41,  42, 
43,44;  1st  Corinthians  ix.  7,  H,  13,  14;  2d  Corinthians  ix.  6,  7;  Galatians  vi.  G,  7; 
1st  Timothy  vi.   17,  18,  19;   Hebrews  vi.  10;  xiii.  16.] 

(2)  [Allusion  is  made  to  the  difference  between  the  prayer  for  the  church  militant  in  the 
English  and  the  corresponding  prayer  in  the  Scotish  Liturgy.     See  above,  p.  70,  note  (i).] 

(3)  [Englhh  Rubric  ■■  Scotish  Rubric  ■■ 

"  The  Table   at   the    Communion  time,  "  The  holy  Table  having  at  the  Commu- 

hauing  a  faire  white  linnen  cloth  vpon  it,  nion  time  a  Carpet,  and  a  faire  white  linen 
shall  stand  in  the  body  of  the  Church,  or  in  cloth  upon  it,  with  other  decent  furniture, 
the  Chancell,  where  Morning  and  Euening  meet  for  the  high  mysteries  there  to  be  ce- 
Prayer  be  appointed  to  be  said."  lebrated,  shall  stand  at  the  uppermost  part 

of  the  Chancell  or  Church."] 

(4)  ["  Take  and  eat  this  in  remembrance  that  Christ  died  for  thee,  and  feed  on  iiim  in 
thine  heart  by  faith  with  thankesgiuing."] 


78 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 


A.  D.  16-38.  masse.  Lyckewayes,  it  is  to  be  observed,  that  in  the  giving  of  the  cupp 
the  English  has,  "  drinke  this  for  a  rememberaunce  that  Chrystes  bloode  was 
shedde  foryow,  and  give  thankes"  :0)  which  wordes  are  not  to  be  founde  in 
oures,  because  they  are  not  in  the  Roman  masse  book.  Eighth,  The 
English  bidds  delyver  the  elements  into  the  peoples  handes  :  No  such  worde 
in  oures ;  so  it  seemes  they  may  be  putt  into  ther  mouthes.  Ninth,  The 
English  bidds  putt  both  elements  into  the  peoples  handes :  Ours  has  no 
such  worde,  being  content  to  bidde  the  people  communicat  in  ther  oune 
order  ;  that  is  to  say,  the  laickes  must  be  removed  without  the  qwire,  as 
being  a  prophane  multitude,  for  which  cause  the  qwire  is  railed  with  a 
wodne  raile :  for  ought  we  know,  it  may  be  beer  insinivate  that  the  commu- 
nion of  the  people  in  ther  order  is  different  fi-om  that  of  the  clergye,  not 
only  by  reasone  of  the  place,  but  by  reasone  of  ther  communicating  under 
both  kyndes,  as  the  papistes  speacke  :  Nor  doe  we  suspect  without  cause 
that  the  contryvers  of  our  booke  had  some  such  thing  in  ther  heade ;  for 
they  have  already  plainly  declared  that  ther  is  no  grownd  in  Scriptur  to 
prove  the  necessitye  of  communicatinge  under  both  kyndes  :  it  is  called  a 
traditione  by  Doctor  Whyte,  Bishop  of  Eh,  in  his  booke,  lately  printed, 
called  Sunday  no  Sabbath, (^)  pag.  97  ;  and  Bishop  Montacuc,*^)  expressly, 
in  his  booke  of  Origins,  pac/.  396,  "  Wher  (sayes  bee)  is  ther  a  commande 
in  Scripture  to  baptise  infants,  or  bidding  communicantes  participate  in  both 
kyndes  in  the  Lordes  Supper  ?  Of  thes  thinges  we  maye  saye,  that  the 
Scripture  teaches  no  such  thinge,  the  Scripture  commands  not  this".  Is  it 
not  justly  to  be  feared  that  pwrposly  they  have  omitted  mentione  of  giving 
bothe  elements,  that  they  may  opne  a  doore  in  the  next  editione  of  ther 
booke  to  this  graunde  sacreiledge  ?  Tenth,  In  our  liturgye,  the  reliques  of 
the  consecrate  breade  must  be  covered  with  the  corporall,  and  the  Lordes 
table  must  be  covered  with  a  decent  carpett :  but  no  mentione  of  the  lycke 
in  the  English,  nor  of  the  worde  corporalle  to  expresse  the  linnens  wherwith 

(1)  ["  Drinke  this  in  remembrance  that  Christes  blood  was  shed  for  thee,  and  be 
thanket'ull."] 

(2)  [The  well-known  work  "  Sunday  no  Sabbath"  was  wTitten  by  Dr  Poeklington,  canon 
of  Windsor  and  prebendary  of  Peterborough.  But  Francis  White,  Bishop  of  Ely,  pub- 
lished a  Treatise  on  the  Sabbath,  to  which,  as  indeed  appears  from  the  words  of  Spang,  re- 
ference is  here  made :  "  ad  traditionem  refertur  ab  Eliensi  episcopo  Whito,  libro  nuper 
impresso,  de  Sabbato,  pag.  97."     Historia  Motuum,  p.  221.] 

(3)  [Richard  Montague,  Bishop  of  Chichester  from  1628  to  1638,  of  Norwich  from  1638 
to  his  death  in  1641.] 


Ch.  LIL] 


HISTORY  OF  SCOTS  AFFAIRS. 


79 


the  elements  are  covered  ;  this  kynde  of  name  to  it  was  never  hearde  of  in    A.  D.  1638. 

the  church  befor  transubstantiatione.     Eleventh,  In  the  English  booke,  all 

the  collection  of  almes  is  ordained  to  be  putt  into  the  common  boxe ;  but  in 

ours,  it  must  be  devyded,  and  the  presbyter  must  have  one  halfe.     Tioelfth, 

Our  booke  mackes  mentione  of  the  offering  breade  and  wyne  ;  but  no  worde 

of  the  lycke  into  the  Englishe.      Thirteenth,   Our  booke  approves  round 

unleavened  wafers ;  the  English  booke  bidds  use  ordinary  leavened  breade. 

Fourteenth,   The  English  booke  biddes  carrye  the  reliques  of  the  bread  and 

wyue  to  the  curates  house,  and  macke  use  of  them  :  our  booke  will  have  the 

remander  therof,   as  if  holy,  to  be  eatne  in  the  churche  itselfe.     Fifteenth, 

If  ther  be  not  eneuch  of  elements  consecrated  for  the  present  vse,  our  booke 

will  have  mor  elements  consecrated  anew  :  no  such  practise  in  the  Englishe. 

Sixteenth,  In  the  first  prayer  befor  baptisme,   in  our  booke,   these  wordes 

are  to  be  readde  "  sanctitie  this  baptismall  fonte"  ;  which  is  wanting  in  the 

Englishe.      Seventeenth,   In  the  margent  of  our  booke  (ibid.)  the  water  of 

the  fonte  must  be  twyce  renewd  raonethlye,   and  be  consecrated  anew,  but 

with  a  prayer  for  the  pourpose  :  all  which  is  wanting  in  the  Englishe  booke 

of  leiturgye.(') 

LI.  Considering,  therfor,  the  manner  of  the  introductione,  and  the  mat-    The  Assem- 
ter  of  the  booke  to  contane  such  thinges  as  are  above  related,   and  itselfe    and'^Ttibit 
to  be  the  very  popish  frame  of  service  ;  therfor  the  Assembly,  in  one  voice,    the  Servioe 
did  rejecte  it,  and  condemne  it  as  illegally  introduced,  and  erroneouse  for  the    ^'"''^• 
matter,  repugnant  to  the  doctrine  and  discipline  of  the  reformed  churche, 
to  the  Confessione   of  Faithe,  constitutiones  of  Generall  Assemblyes,  and 
Actes  of  Parliament  establishing  the  trew  relligione.:  and  did  prohibite  the 
use  and  practise  therof:  and   ordaines  presbytryes  to  proceed  with  the  cen- 
sures of  the  churche  against  all  such  as  shall  transgresse.('^) 

LIL  That  this   Service  Booke  was  introduced  upon  the    churche  very    The  Author'.-^ 
illegally,  evry  man  confessed  ;  and  for  the  materialls  being  ane  hoteh  potche   °P.'"'°'I ."" 


(1)  [The  objections  to  the  Scotish  Service  Book,  founded  on  its  differences  from  tlic 
English  Liturgy,  will  be  found  stated  at  more  length  in  Baillie's  "  Ladensivm  ai/T»xscT««- 
^lais,  The  Canterbvrians  Self- Conviction :  Or,  An  evident  demonstration  of  the  avowed 
Arminianisme,  Poperie,  and  tyrranie  of  that  faction,  by  their  owne  confessions ;  With  a 
postscript  for  the  Personat  Jesuite  Lysimachus  Nicanor,  a  prime  Canterburian.  The  third 
Edition  augmented  by  the  Author,  with  a  large  Supplement.  [pp.  95-11.3.]  Printed 
for  Nathaniel  Bvtter.   1641."] 


(2)  See  print   Actes  of  Assembly  Glasgow, 
Kirk,  p.  26.] 


pag.    12.  act  sess.   14.      [Records  of  the 


80  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.    of  the  masse  booke,  English    Service  Booke,  and  some    new  additiones, 

.~7^  albeit  the  exceptiones  (above  related)  tackne  against  it,   it  may  be  with 

and  01  mipar-  ^  ^  ....  .  . 

tial  people  at    some,  wer  not  all  thought  relevant,   but  that  m  charitye  manye  thniges,  or 

that  time.  some  thinges,  might  have  been  capable  of  a  better  constructione  then  was 
putt  upon  them;  yet  all  who  looked  upon  it  with  unpartiall  eyes,  saw  just 
causes  to  except  against  it,  and  that  in  all  this  ther  was  as  much  as  might 
give  just  cause  of  offence  to  cordial  protestants:  And  it  was  thought  the  me- 
dicine was  worse  than  the  disease,  by  such  a  cure  thrust  upon  the  patient ; 
for  albeit  that  afterward  the  Assembly  of  Divynes  and  Scottland,  by  esta- 
bhshing  the  Directorye,(')  confessed  the  necessitye  of  achurche  leiturgye,  and 
that  eache  minister  ought  not  in  the  forme  of  publicke  service  for  to  be  left 
to  his  owne  discretione,  which  could  not  chuise  but  produce  many  ill  conse- 
quences; yet  such  a  Directory  as  this  Service  Booke  did  put  the  patient 
out  of  one  sicknesse  into  an  other  worse  then  the  former,  which  was,  that 
ministers  prayed  extempore.  For  if  the  prayers  and  forme  of  service  used 
befor  in  the  churche  of  Scottland  wer  only  qwarelld  at,  who  does  not  see  that 
heerby  the  Frensh  churche  was  tacitly  condemned,  from  whom  that  modell 
was  mostly  borrowd.  And  now  supposing  that  the  old  modell  was  faultye 
in  nothing  but  in  its  disconformitye  with  the  churche  of  England  (for  evne 
the  bishopps  who  wer  justling  it  out,  could  not  laye  so  many  challendges 
against  it  as  against  the  Service  Booke,  is  beer  givne  in  by  the  followers  of 
the  old  Scottish  formes),  evry  one  did,  upon  that  supposition,  justly  con- 
clude that  the  bishopps  new  leiturgye  (though  it  had  been  free  of  all  the 
challendges  laide  against  it),  yet  was  not  so  necessaire  as  to  trouble  the 
peace  of  such  for  it  who  wer  unwilling  to  embrace  it,  and  who  wer  accus- 
tomed with  ane  other  service  not  heterodox  nor  suspitiouse  any  way  in  its 
materialls.  But  to  follow  the  threede  of  my  narratione.  After  the  Service 
Booke,  upon  the  exceptions  forsaide,  was  voted  downe,  the  comittie  gave  in 
ther  observationes  upon  the  Booke  of  the  Episcopall  Canons,  of  which 
booke  I  spocke  befor,  which  wer  as  foUoweth.    But  befor  I  doe  insert  them, 

(1)  [A  Directory  for  the  Publike  Worship  of  God  throue;hout  the  three  Kingdoms  of 
Scotland,  England,  and  Ireland.  With  an  Act  of  the  Generall  Assembly  of  the  Kirk  of 
Scotland,  for  establishing  and  observing  this  present  Directory.  Together  with  an  Act  of 
the  Parliament  of  the  Kingdom  of  Scotland  approving  and  establishing  the  same :  An  Act 
of  the  Committee  of  Estates  concerning  the  Printing  thereof:  and  an  Act  of  the  Commis- 
sion of  the  Generall  Assembly  for  the  Printing,  and  for  the  present  practice  of  it  through- 
out the  said  Kingdom  of  Scotland.  Edinburgh :  Printed  by  Evan  Tyler,  Printer  to  the 
Kings  most  Excellent  Majestie.     1645.] 


Ch.  liii.]  history  of  scots  affairs.  81 

having  gott  into  my  hande  as  I  am  wrytting  this,  a  kynde  of  defence  of  the    A.  D.  163^. 
Service  Booke,  I  shall  give  yow  ane  short  accounte  therof,  and  leave  all  to 
the  readers  judgement,  least  it  be  thought  that  the  contryvers  therof  have 
not  been  hearde. 

LIII.  In  defence  of  the  Service  Booke,  sayes  the  counterfitt  Jesuitt,  Lisy-  Summary  of 
machus  Nicanor  :*  First,  The  booke  purgeth  itself  from  all  superstitlone,  Sf  ^Pfgnce 
wher  it  telles  us  "  that  the  multitude  of  ceremonyes  are  rejected,  because  of  of  the  Service 
the  multitude  and  of  ther  superstitione".  And  in  the  celebration  of  the  com-  f°°Y  '"^'^ 
munione,  it  recommendes  the  use  of  common  breade  "  for  avoidmg  oi  su-  Nicanor. 
perstitione".  For  ceremonyes  it  calls  them  inditferent  thinges  that  may  be 
omitted ;  that  if  they  burthen  mens  consciences  they  must  be  tackne  away  ; 
and  if  any  be  retained,  it  is  for  discipline  and  order,  but  are  not  aeqwall 
with  Gods  lawe.  Second,  It  contanes  no  pairtes  of  the  masse  ;  for  it  keeps 
Chrystes  institutione  and  Paules  repetition  therof.  And  it  is  deneyd  that 
sub  speciehus  panis  et  vinj  the  body  of  Jesus  Chryst  and  his  blood  is  bodily 
offered  upp  by  the  preiste  to  God  the  Father,  a  propitiatorye  sacrifice  for 
the  quicke  and  the  deade  :  no  such  thing  in  all  that  booke.  Third,  Want- 
ing superstitione  and  all  the  essentiall  pairtes  of  the  masse,  it  can  opne  no 
doore  to  poperye  ;  and  when  thinges  tende  to  superstitione,  it  does  appoynte 
to  barre  them  out.  Fourth,  If  it  be  reade  without  praejudice,  it  will  be  founde : 
Jirst,  to  containe  nothing  contrary  to  Gods  worde.  Second,  It  is  that  far  from 
being  contrare  to  the  practise  of  the  primitive  churche,  that  it  is  agreable  ther- 
unto.  Third,  The  poyntes  condemned  in  it  are  not  controverted  betuixt  clas- 
sical! divynes  and  papistes,  but  agreed  upon  by  both  sydes.  Fourth,  Nothing 
contrary  therunto  in  the  Scottish  Confessione  of  Faithe ;  no  divyne  eminent 
amongst  the  Reformers!  did  ever  condemne  this  booke  of  the  least  poynt  of 
poperye :  Contrarly  they  commende  it.  So  Bucer  Script.  Aiif/lic.  in  con.  pag. 
456,  "  In  the  ceremonyes  of  the  Englishe  Lyturgie,  I  have  founde  nothing 
which  is  not  tackne  out  of  the  worde  of  God,  or  at  least  which  is  repugnant 
to  it,  so  it  be  favourably  understoode."  Calvine,  epist.  200,  fol.  336,  declares 
that  he  found  no  fault  in  it  at  all;  and  worot  to  the  English  exiles  at  Franc- 
furde,  who  had  made  a  rent  and  schisme  in  the  churche,  to  be  moderat  and 

*  Dr.  Lesly,  Bishopp  of  Downe,  in  his  Lysimachus  Nicanor,  pag.  27,  et  seqq.  [The 
Epistle  Congratulatorie  of  Lysymachiis  Nicanor  was  written  not  by  Bishop  Leslie,  but  by 
Mr.  John  Corbet,  minister  at  Bonhill.     See  above,  vol.  i.  p.  8,  note.'\ 

t  He  meanes  the  English  Service  Booke,  it  wold  seeme;  for  the  Scottish  Service  Booke 
was  not  wryttne  many  yeares  after  Bucer  and  Calvin  passed  ther  judgement  of  the  English 
Leiturgye. 


82 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


A.  D.  1638.  returne  to  the  churche.  "  T'os  ultra  modum  ric/idos  esse  nolim."  "  In  Anglo- 
rum  controversia  moderationem  semper  tenui,  cujus  me  non  pcenitet."  It  was 
Calvine  and  Peeter  Martyre  who  pers waded  Bishop  Hooper  to  conformity, 
specially  to  putt  on  the  surplice,  which  he  did.  So  farr  hee ;  as  for  his  other 
defences,  they  are  recriminationes,  and  not  defences  of  the  Service  Booke. 
This  is  all  that  I  have  mett  with  in  defence  therof,  which  I  leave  to  the 
reader  his  judgement.  *     Now  follow  the  comittye  ther 

ANIMADVERSIONES  UPON  THE  BOOKE  OF  CANONS  OBTRUDED  UPON  THE 
CHURCHE  OF  SCOTTLANDE.(') 


Animadver- 
sions on  the 
Book  of  Ca- 
nons. 


LIV.  First,  This  Booke  of  Canons  is  obtruded  without  any  consent  or 
approbation  of  the  churche  or  Generall  Assembly ;  yet  such  as  are  episco- 
pall  confesse  that  ecclesiasticall  canons  wer  never  any  wher  made  but  in 
synods.  So  sayes  Lanclot  Andrewes,  Bishop  of  Winchester,  in  his  Ser- 
mone  of  the  Trumpetts,  published  and  revised  and  dedicated,  with  the  rest  of 
his  sermons,  to  the  Kinge,  by  William  Lawd,  Archbishop  of  Canterburye : 
as  also  the  ordinare  practise  of  the  convocatione  house  in  the  churche  of 
Englande,  which  amongst  them  standes  for  a  nationall  synod,  teaches  the 
same.  Second,  With  one  dash,  they  in  it  overturne  all  the  discipline  of  the 
church  of  Scottlande,  and  all  the  actes  of  assemblyes  for  eighty  yeares 
paste :  and  in  place  therof,  it  settes  upp  a  new  discipline,  formed  by  the 
bishopps  alone,  without  assistaunce  or  consent  of  all  or  anye  of  the  minis- 
trye  ;  whairby  a  meer  tyrranny  and  soleshipp  of  the  bishopps  is  established 
over  all  the  churches,  and  whairby  ane  irresistible  power  is  givne  to  them 
for  to  chaunge  and  acta  all  thinges  in  the  churche  acording  to  ther  plea- 
sure. Adde  to  all,  that  in  this  booke  ther  are  some  thinges  openlye  contra- 
dictorye,  some  things  directly  contrarye  to  the  Actes  of  Parliament,  and 
some  great  errors. 

It  overturnes  the  receaved  discipline  established  by  Generall  Assemblys 
and  confirmed  by  Actes  of  Parliament ;  First,  For  first  it  interdytes  minis- 


*  Mr.  Robert  Baily,  in  his  Ansuer  unto  Lysymachus  Nicanor,  [subjoined  to  his  Laden- 
sium  AuTSKxriK^iiTii]  has  givne  some  short  reply  to  all  that  is  said  heer  in  defence  of  the 
Service  Booke  ;  but  it  is  so  short  and  generall  that  it  wer  needlesse  to  insert  it,  for  he 
ansuers  Lysymachus  Nicanor  as  little  as  Lysymachus  Nicanor  does  ansuer  all  that  is  object- 
ed against  the  Scottish  Service  Booke. 

(1)  [Translated  from  "  Animadversiones  in  librum  Canonum  ab  Episcopis  obtrusum  eccle- 
siae  Scoticae,"  Historia  Motuum,  pp.  222 — 229.] 


Ch.  liv.]  history  of  scots  affairs.  83 

ters  and  laickes  from  medling  with  church  matters ;  cap.  8,  sec.  4  :(')  whence 
it  followes  that  church  sessions  must  be  discharged,  as  also  all  presbytryes ; 
and  that  laices  are  to  have  no  voice  in  any  churche  judicatorye,  although 
comissionate.  Second,  It  mackes  mentione  of  no  churche  judicatorye,  but 
only  diocessan  synods,  wher  the  bishopp  is  to  have  all  the  power  alone  at 
his  arbitriment(^) :  Lyckwayes,  it  transferres  the  exercise  of  all  ecclesiasticke 
power(3)  wholly  upon  the  bishops  officiall  or  comissarye  alone,  as  if  ofEcialls 
wer  Chrystes  institution  ;  cap.  8,  sec.  !.('')  Third,  Interdicit  aliis  omnibus 
ecclesiasticorum  conventibus  pro  rebus  ecclesiasticis  ;  cap.  8,  par.  2.(^)  Once 
only  and  upon  the  by,  as  if  spockne  recklesslye  (quasi  authoribus  incogitan- 
tibus ),  ther  is  mentione  in  it  of  nationall  synods  ;(^)  but  no  mentione  who 

(1)  [Chap.  VIII.  Of  Synodes,  Sec.  4.  "  Who-so-ever  shall  heere-after  aifirme,  that 
it  is  lawfuU  for  anie  Presbyter,  or  Lay-man,  joyntlie,  or  severallie,  to  make  Rules,  Orders, 
or  Constitutions,  in  causes  Ecclesiasticall  ;  or  to  adde  or  detract  from  anie  Rubrickes,  Arti- 
cles, or  other  thinges  nowe  established,  without  the  King's  Authoritie,  or  His  Successoures, 
shall  bee  excommunicated,  ipso  facia  ;  and  not  restored,  till  hee  repent,  and  revoke  such 
hb  bolde  and  schismaticall  attemptes."] 

(2)  [Chap.  VIII.  Of  Synodes,  Sec.  1.  "  For  the  better  tryall  of  all  disorders  which 
may  fall  out  amongst  the  Clergie,  and  the  retaining  of  Unitie  in  Doctrine  and  Discipline  ; 
It  is  ordayned,  That  in  everie  Diocesse,  Assemblies  shall  bee  kept  twyse  a  yearc,  in  such 
places,  and  at  such  tymes,  as  the  Bishop  shall  appoynt.  And  if  anie  Presbyter  absent  him- 
selfe,  without  a  lawfull  excuse  signified  at  the  tyme,  hee  shall  bee  suspended  to  the  next 
Synode."] 

(3)  [The  words  of  Spang  are  these  :  "  Exercitium  etiam  spiritualis  jurisdictionis  in  commis- 
saries seu  ofSciales  Episcopi,  in  solidum  transfert,  quasi  vero  officiales  illi  essent  a  Christo 
instituti  ministri  ecclesiastici."] 

(4)  [Chap.  XIX.  Of  Commissaries,  and  their  Courts,  Sec.  1.  "  No  man  here-after 
shall  bee  admitted  Commissarie,  or  Officiall,  to  exercyse  anie  Spirituall  lurisdiction,  except 
hee  be  of  age  xxx  years  at  least ;  and  one  who  is  Master  of  Artes,  or  Bacheler  of  Lawes, 
&  well  skilled  in  them  ;  as  lykewyse  well-atfected  in  Religion,  of  good  and  exemplarie  lyfe, 
and  obedient  to  the  Orders  of  the  Church."] 

(5)  [Chap.  VIII.  Of  Synodes,  Sec.  2.  "  Because  all  Conventicles,  and  secret  meet- 
inges  of  Church-men,  haue  ever  beene  justlie  accounted  hurtfuU  to  the  peace  of  the  Church 
wherin  they  liue  ;  It  is  ordayned.  That  no  such  Meetinges  bee  kept  by  Presbyters,  or  anie 
other  persones  whatsoever,  for  consulting  vpon  matters  Ecclesiasticall ;  And,  That  all  mat- 
ters of  that  kynde  bee  onlie  handled  in  the  lawfull  Synodes  helde  by  the  Bishops,  and  es- 
tablished by  authoritie."] 

(6J  [Chap.  VIII.  Of  Synodes,  Sec.  3.  "  Nationall  Synodes,  called  by  His  Majesties 
Authoritie,  for  matters  concerning  the  state  of  the  Church  in  generall,  shall  bind  all  per- 
sons, as  well  absent,  as  present,  to  the  obedience  of  the  Decrees  thereof  in  matters  Eccle- 
siasticall. And  if  anie  shall  affirme  or  mayntayne,  that  a  Nationall  Synod  so  assembled, 
ought  not  to  bee  obeyed,  hee  shall  bee  excommunicated,  till  hee  publicklie  repent,  and  revoke 
his  errour."] 

Sec.  4.  "  But  it  shall  not  bee  lawfull  for  the  Bishops  themselues,  in  a  Nationall  Synod, 
or  otherwyse,  to  alter  anie  Rubricke,  Article,  Canon  Doctrinall,  or  Disciplinarie,  what-so- 
ever  ;  vnder  the  payne  aboue  mentioned,  and  his  Majesties  farther  displeasure."] 


84  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

are  to  be  its  members,  whence  it  may  be  weall  concluded  that  the  bishopps 
judge  themselves  the  only  members  of  Geuerall  Assemblyes  :  for  nationall 
synods  are  the  church  representative,  and  the  bishopps  already  have  de- 
clared themselves  to  be  the  representative  of  the  natione.*  Fourth,  They 
wholly  rejecte  the  order  of  deaconsC  as  it  is  instituted  by  the  Holy  Ghost, 
and  receaved  into  this  churche  ;  and  in  place  therof  certaine  oeconomi  are 
to  be  chosne  by  the  bishope('^),  (a  new  plantation,  and  alltogether  unknowne 
to  the  Scottishe)  who  are  putt  in  office  of  deacones. 

It  gives  all  the  power,  nay  a  tyrannicall  power,  to  bishopps.  For  Jirst,  To 
them  alone,  or  to  ther  chapellans,  is  the  power  givne  to  examine  such  as  are 
to  enter  into  the  functione  of  the  ministrye  ;  cap.  2,  sec.  3.  Second,  It  is  in 
the  bishopps  power  for  to  graunte  letters  of  dimissione  to  ministers  ;  cap.  2, 
sec.  5.  Third,  It  is  only  the  bishopp  who  must  ordaine  ministers  ;  cap.  2, 
sec.  7.  Fourth,  The  bishopp  may  give  ministers  licence  to  be  non  residents  ; 
cap.  3,  sec.  1 :  whill  residence  is  knowne  for  all  that  to  be  juris  divini. 
Fifth,  It  forbidds  ministers  to  preach  any  wher  but  in  ther  oune  churches, 
what  ever  occasion  or  necessity  ther  be  for  it,  except  they  first  purchasse 
license  from  the  ordinarye  (for  so  does  that  booke  terme  the  bishopp)  ;  cap. 
2,  sec.  2.  Sixth,  The  bishopp  may  dispence  ministers  from  catechising 
the  ignorants  of  ther  paroshin;  cap.  3,  sec.  6.(')  Seventh,  Ministers  are  for- 
biddne  publickly  to  refoote  heresyes  vented  by  other  ministers  in  ther  pul- 
pitts,  except  ther  ordinary  licence  them  so  to  doe ;  cap.  3,  sec.  TW :  so  then 

*  Ecclesiae  representativae  exomarunt.     [Historia  Motuum,  p.  223.] 

(1)  [By  the  Scotish  Book  of  Canons,  the  order  of  deacons  was  placed  on  the  same  footing, 
in  all  respects,  as  in  the  Church  of  England.] 

(2)  [By  Chap.  XVI.  Sec.  6,  the  distribution  of  alms  among  the  poor  is  appointed  to  be  made 
by  the  Presbyter  and  two  Church- Wardens,  in  the  presence  of  six  chief  men  of  the  parish.] 

(3)  [Chap.  III.  Of  Residence  and  Preaching.  Sec.  6.  "  It  is  the  duetie  of  Presbyters, 
not  onelie  to  stirre  vp  the  affections  of  people  by  exhortation ;  but  lykewyse  to  inform  their 
judgement,  by  solide  instruction,  that  they  may  bee  acquaynted  with  the  groundes  of  their 
Profession  :  Therefore  It  is  ordayned,  That  there  be  catechizing  everie  Sunday  in  the 
afternoone,  except  the  Bishop  dispence  with  it,  as  hee  findeth  cause."] 

(4)  [Chap.  III.  Of  Residence  and  Preaching.  Sec.  7.  "  If  anie  Preacher  shall  in  the 
Pulpit  particularlie,  or  of  purpose,  impugne,  or  confute  the  doctrine  delivered  by  anie  other 
Preacher  in  the  same  Church,  or  in  anie  Church  nigh  adjoyning,  before  hee  hath  acquaynt- 
ed the  Bishop  of  the  Diocesse  therewith,  and  receaved  order  from  Him,  what  to  doe  in  that 
case,  because  vpon  publicke  dissenting  and  contradicting,  there  may  growe  much  offence, 
and  disquietnesse,  to  the  people ;  The  same  beeing  notified  to  the  Bishop  Hee  shall  not 
suffer  the  Preacher  anie  more  to  serue  in  that  place  which  hee  hath  once  abused  except  hee 
faythfuUie  promise,  to  forbeare  all  such  matter  of  contention  in  the  Church,  vntill  order  bee 
taken  therein  by  the  Bishop ;  who  with  all  convenient  speede  shall  so  proceede,  as  publicke 
satisfaction  may  bee  given  to  the  Congregation  where  the  offence  was  committed :  —  Ne'yther 


Ch.  liv.]  history  of  scots  affairs.  85 

if  the  bishopp  vente  the  same  heresye,  orthodox  ministers  must  be  qwyett,  A.  D.  1638. 
and  the  bishopp  must  bee  obeyed,  et  pereundum  populo.  Eighth,  Albeitt 
Actes  of  Parliament  or  Churche  Actes  wer  never  so  sinnefull,  yet  (if  once 
they  be  enacted),  cap.  3,  sec.  8,  ministers  are  forbiddne  for  to  speacke 
against  them,  but  they  must  propose  ther  scruples  to  the  ordinary,  and  ac- 
qwiesce  modestly  in  his  determinatione.O)  Ninth,  Ministers  must  be  trans- 
planted upon  no  accompt,  but  with  licence  from  ther  ordinarye ;  cap.  4.  sec. 
4.(2)  Tenth,  Bishopps  only  have  power  to  licence  marriadge  without  three 
proclamationes  of  banns. (')  Eleventh,  Bishopps  must  indict  only  the  tyme 
and  place  of  synods.*"*'  Twelfth,  Bishopps  only  must  plant  scooleraaisters 
and  readers  in  churches. f^)  Thirteenth,  Nothing  must  be  printed  without 
the  bishopp  or  his  capellans  licence ;  cap.  12,  sec  1  ■S^'>  But  what  if  the  bishopp 
be  heterodox,  then  all  orthodox  wryttings  must  be  aeternally  silenced,  or  at 
least  the  bishopps  death  must  be  waited  for,   till  one  orthodox  succeede, 

shall  anie  Preacher  vse  bitter  invectiues  agaynst  his  fellow- Presbyter  or  Preacher  ;  or  goe 
about  indirectlie  to  worke  his  disgrace  with  the  people ;  vnder  the  paine  of  being  censured, 
as  a  prophaner  of  the  Word."  Compare  Constitutions  and  Canons  Ecclesiastical  of  the 
Church  of  England,  1603,  can.  53.] 

(1)  [Chap.  III.  Of  Residence  and  Preaching.  Sec.  8.  "  No  Presbyter  or  Preacher 
shall  presume  in  Sermons,  to  speake  agaynst  his  Maiesties  Lawes,  Statutes,  Acts,  or  Ordin- 
ances :  But  if  hee  conceaue  anie  scruple  or  doubt,  let  him  goe  to  his  Ordinarie,  and  receaue 
instruction."  The  General  Assembly  which  met  at  Perth  in  March,  1597,  had  ordained 
"  that  no  minister  shall  reprove  his  ^lajestie's  lawes,  statutes,  acts,  and  ordinances,  unto 
the  tyme  that  first  he  be  advysit  with  his  Presbytrie,  Synodall,  or  Generall  Assemblies, 
complaine  and  seek  remedie  of  the  same  from  his  Majestic,  and  report  his  Majestie's  answer, 
before  any  further  ])roceeding."  Booke  of  the  Universall  Kirk,  p.  443  ;  Archbishop  Spot- 
tiswoode,  p.  442  ;  Calderwood,  p.  393  ] 

(2)  [Chap.  IV.  Of  the  Conversation  of  Presbyters.  Sec.  4.  "  If  anie  Ecclesiasticall  person 
shall  goe  out  of  his  Diocesse,  to  sute  Plantation  in  another,  or  accept  of  anie  place,  hee  shall 
bee  recalled  by  his  Ordinarie,  and  returned  to  his  Charge.   And  if  hee  disobey,  bee  disposed."] 

(3)  [Chap.  VII.   Of  Marriage.   Sec.  4.]  (4)  [Chap.  VIII.   Of  Synodes.  Sec.  1.] 
(5)  [Chap.  X.  Of  Schoole- Masters.   Sec.  1.  Chap.  XI.   Of  Curates,  and  Readers.] 

(c)  [Chap.  XII.  Of  Printers :  "  For  restrayning  the  Libertie  of  Printing,  which  is 
greatlie  abused,  in  setting  foorth  Bookes,  Ballads,  Satyricall  Lybels,  and  other  Pamphlets, 
repugnant  to  the  Trueth,  or  not  agreeing  with  Honestie  and  good  Manners  ;  It  is  ordayned. 
That  nothing  heere-after  bee  imprinted,  except  the  same  bee  scene,  and  allowed,  by  the 
Visiters  appoynted  to  that  purpose."  The  Glasgow  Assembly  of  1638,  "  by  vertue  of  their 
ecclesiastical  authority,  discharged  and  inhibited  all  printers  within  this  Kingdome,  to  print 
any  act  of  the  former  Assemblies,  any  of  the  acts  or  proceedings  of  this  Assembly,  any  con- 
fession of  Faith,  any  Protestations,  any  reasons  pro  or  contra,  anent  the  present  divisions 
and  contraversies  of  this  time,  or  any  other  treatise  whatsoever  which  may  concerne  the 
Kirk  of  Scotland,  or  God's  cause  in  hand,  without  warrand  subscribed  by  Mr.  Archibald 
Johnston,  as  Clerk  to  the  Assembly,  and  Advocate  for  the  Kirk."  Records  of  the  Kirk,  p. 
39  ;  Steuart  of  Pardovan's  Collections,  b.  iii.  tit.  iii.  sec.  6  ;  Baillie's  Letters,  vol,  i.  p. 
149  ;   Historia  Motuum,  p.  286.] 


ob  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  which  bygone  experience  has  shewed  to  be  rare.  Fourteenth,  The  minis- 
ter  is  commanded  to  send  to  the  bishop  yearly  a  catalouge  of  people  raarryed, 
of  childeren  baptised,  and  of  deade  people  specially,  whoise  deathe  may  be 
ganefuU  to  the  bishopp  by  confirmation  of  ther  testamentes.(')  Fifteenth, 
The  bishopp  only  must  appoynte  publicke  fastes;  cap.  14,  sec.  IW  :  so  that 
without  his  consent  it  will  be  a  sinne  to  fast  for  sinne.  Sixteenth,  The 
bishopp  must  tell  what  place  of  the  churche  the  pulpitt  must  stand  in,  which 
pulpitis  must  be  decent;  cap.  16,  sec.  5('):  that  is  to  saye,  the  bishop  has 
power  to  licence  the  reading  of  the  Evangile  out  of  the  higher  pulpitt,  be- 
cause they  saye  it  is  holyer  then  any  other  place  or  pairt  of  Sacred  Scripture, 
as  being  uttered  by  Chrystes  mouthe  :  and  the  bishop  may  licence  the  read- 
ing of  any  other  pairt  of  the  Scripture  out  of  the  pulpitt  box  or  the  readers 
seate  :  and  what  if  by  that  decencye  of  the  pulpitt,  ministers  be  compelld  to 
have  pulpitts  of  woodde  only,  as  a  simbollical  significatione  of  the  crosse  of 
Clu'yste,  acording  to  Araularius,  lib.  3,  de  divinis  ojficds.  Seventeenth, 
The  bishop  must  have  the  oversight  of  all  thinges  appoynted  to  piouse  uses, 
and  all  the  wryttes  or  deedes  or  instruments  that  concerne  such  thinges  W; 
cap.  17,  sec.  5,  6,  10  :   Now,  who  shall  ansuer  for  the  bishop  his  trust,  since 

(1)  [Chap.  XIII.  Of  Christninges,  Weddinges,  and  Burialls,  to  be  registrated :  "  In  everie 
Paroch- Church  within  the  Kingdome,  a  Parchment  Booke  shall  bee  provided,  at  the  Charge 
of  the  Parochin  ;  where-in  shall  bee  written  the  daye  and  yeare  of  everie  Christning,  Wed- 
ding, and  Buriall :  which  shall  bee  kept,  and  layde  vp  in  a  sure  Coffer,  to  bee  provided  also 
by  the  Parochin,  and  not  taken  foorth  by  the  Presbyter,  or  anie  other,  except  when  the 
Christninges,  Weddinges,  and  Burrialls  are  to  bee  recorded.  And  to  the  effect  those  bee 
not  neglected,  the  Presbyter  shall  everie  Lord's  Day,  after  Prayers,  or  Sermon,  take  tborth 
the  sayde  Booke,  and  wryte  there-in  the  names  of  all  persons  Christned,  with  the  names 
and  Syrnames  of  their  Parentes :  The  names  also  of  all  persons  married,  and  buried  in  that 
Parioch  in  the  weeke  proceeding ;  with  the  day  and  yeare  of  everie  such  Christning,  Wed- 
ding, and  Buriall.  And  everie  yeare  once,  within  one  moneth  after  the  first  day  of /onwane, 
transmit  vnto  the  Bishop  of  the  Diocesse,  a  true  Copie  of  the  names  of  all  persons  Christ- 
ned, married,  and  buried,  the  yeare  before  within  his  Parochin ;  with  the  dayes  and  moneths 
of  every  such  Christning,  Marriage,  &  Burial,  subscribed  with  his  hand  :  to  the  end  the 
same  may  be  preserved  in  the  Bishops  Register.  Wherein  if  hee  shall  bee  found  negligent, 
hee  shall  bee  called,  and  censured,  for  the  contempt  of  this  necessarie  Constitution."] 

(2)  [Chapter  XIV.  Of  publicke  Fastes.  Sec.  1.  "  None  in  holie  Orders  shall  without  the 
License  and  direction  of  his  Ordinarie,  appoynt  or  keepe  anie  solemne  Fastes,  or  bee  present 
thereat  of  purpose  ;  vnder  the  payne  of  Suspension,  or  other  punishment,  which  the  Bishop 
shall  thinke  fit  to  inflict."] 

(3)  [Chap.  XVI.  Of  things  pertayning  to  the  Church.  Sec.  5.  "  A  Pulpit  lyke-wyse, 
decent  and  comelie,  must  bee  provided,  and  placed  in  a  convenient  part  of  the  Church,  for 
Preaching  the  Word  of  God.  And  if  anie  question  aryse,  for  placing  the  same,  it  shall  bee 
determined  by  the  Bishoj)  of  the  Diocesse."     Compare  the  English  Constitutions,  can.  83.] 

(■1)  [Chap.  XVII.  Of  Tithes  and  Landes,  dedicated  to  Chvrches.  Sec.  5.  "  Thinges 
dedicated  to  Holie  and  Religious  Uses,  and  such  other  thinges  as  are  offered  willinglie,  or 


Ch.  liv.]  history  of  scots  affairs. 


87 


many  bishopps  by  experience  are  founde  sacreledgiouse  ;  or  in  caise  the  A.  D.  1638. 
bishopp  wer  challendged  with  this  cryme,  how  shall  it  be  provne  against 
him,  seing  himself  has  the  proofes  in  his  oune  keeping,  who  maye  very  easily 
destroye  all  the  recordes  and  evidences  therof  ?  Therfor  as  heerin,  so  they 
have  been  very  discreet  in  ther  censure  of  sacraleidge,  cap.  17,  sec.  l(') ;  for 
ther  is  no  pennance  laide  upon  them  but  simple  restitutione  without  raor. 
Eighteenth,  No  man  must  be  excommunicate  without  a  warrant  under  the 
bishopps  hande;  cap.  18,  sec.  3:(2)  Matthew xviii.  17, (')meanes  otherwayes; 
except  the  bishopp  be  ther  only  meand  by  the  churche,  and  represent  it  as  a 
prince  does  his  kyngdome.  Nineteenth,  It  is  forbiddne  for  to  absolve  ex- 
communicate persones  without  the  bishopps  warrand;('')  and  why  not  ?  for  he 
who  can  only  bynd  should  only  loose  againe.      Ticentieth,  The  bishopp  may 

by  Latter- Will  left  to  anie  ])ious  Use,  shall  bee  carefuUie  looked  vnto  by  the  Bishop  and 
Presbyter,  that  they  bee  not  lost,  nor  converted  to  anie  other  vse.  And  if  anie  man  shall 
fraudfullie  detayne  thinges  offered,  or  left  by  Latter- Will  to  the  Poore,  or  anie  pious  Use, 
hee  shall  bee  suspended  from  all  benefites  of  the  Church  as  a  Murderer  of  the  Poore,  and 
irreligious  crosser  of  the  good  intentions  of  People."  Sec.  6.  "  If  anie  Presbyter  shall  with- 
holde,  detayne,  or  destroy,  or  deliver  into  the  handes  of  Competitors,  anie  Wryting,  or 
Instrument  what-so-ever,  where-by  the  Donation  of  Ecclesiasticall  Goods,  or  their  Right, 
or  Possession,  may  bee  instructed,  or  in  the  pursuit  of  acquyring  them,  shall  privatelie 
transact  with  the  partie,  without  the  knowledge  and  consent  of  the  Ordinarie,  to  the 
hurt  and  prejudice  of  the  Chvrch,  in  anie  sort,  hee  shall  refound  the  losses,  which  came 
by  his  deede,  and  bee  deposed  from  his  Function."  Sec.  10.  "  Everie  Arch-Bishop,  and 
Bishop,  shall  in  their  severall  Diocesses,  procure  a  true  Note  of  all  the  Gleabes,  Landes, 
Meadowes,  Orchards,  Houses,  Implcmentes,  and  portion  of  Tithes,  belonging  to  anie 
Chvrch ;  and  take  care,  that  the  same  may  bee  preserved  in  their  Registers,  for  a  perpe- 
tuall  memorie."] 

(1)  [Chap.  XVII.  Sec.  1.  "  For-as-much  as  the  Goods  of  the  Church,  of  what-so-ever 
sort,  are  not  committed  to  the  disposing  of  persons  Ecclesiasticall,  but  onelie  to  thair  dis- 
pensing ;  It  shall  [not]  be  lawful!  to  anie  Arch-Bishop,  Bishop,  Parson,  Vicar,  or  anie  Church- 
man, to  set,  alienate,  or  jjut  away  from  the  Church,  and  present  vse  there-of,  his  Benefice, 
Church-Rent,  or  anie  part  of  the  same,  to  anie  person,  or  persons,  whether  Wyfe  or  Chyld, 
Friend  or  Stranger,  mediatelie  or  immediatelie.  And  who  shall  bee  proved  to  doe  the  con- 
trarie,  shall  eyther  bee  compelled  to  restore  the  same,  or  bee  deposed  from  his  Office,  Be- 
nefice, and  Living."] 

(2)  [Chap.  XVIII.  Of  Censures  Ecclesiasticall.  Sec.  3.  "  Neyther  shall  anie  Presbyter 
pronounce  the  Sentence  of  Excomnumication,  till  hee  haue  showne  the  Processe  to  the  Or- 
dinarie, and  obtayned  His  Approbation  vnder  His  Hand."] 

(3)  ["  And  if  he  shall  neglect  to  hear  them,  tell  it  unto  the  church  :  but  if  he  neglect  to 
hear  the  church,  let  him  be  unto  thee  as  an  heathen  man  and  a  publican."] 

(<)  [Chap.  XVIII.  Sec.  6.  "  If  anie  person  bee  excommunicated  in  one  Diocesse,  hee  shall 
not  bee  absolved  in  another,  without  lawfuU  Warrand  from  the  Bishop,  who  caused  pronounce 
the  Sentence.  And  the  Contraveaner  shall  bee  suspended  from  his  Function,  and  the  Ab- 
solution 7i«//;  vntill  hee  who  is  excommunicated  haue  performed  his  Satisfaction  in  the  place 
where  hee  was  sentenced."] 


88  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

licence  any  to  converse  with  excommunicate  persones ;  cap.  18,  sec.  5.(0  Is 
not  this  to  give  licence  to  dispense  with  the  law  of  Chryste  ?  Tioenty-first, 
Ministers  ther  sentence  of  depositione  must  not  be  pronounced  by  any  but 
the  archbishopp,  or  the  bishopp  of  that  diocese  wher  the  minister  lives  : 
thus  profane  ministers,  if  they  syde  with  the  bishopp  in  promovall  of  cere- 
monyes,  will  be  safe,  howbeit  never  so  guiltye  of  other  crymes,  as  experience 
shews  it.  Tioenty-second,  The  bishopp  must  designe  and  appoynte  the 
habite  of  all  churche  men  :('^)  and  what  ther  habite  must  bee  is  not  difficult  to 
judge ;  for  they  urge  conformitye  in  all  thinges  with  the  churche  of  Eng- 
lande,  and  it  must  be  that  same  which  is  appoynted,  canon  74,  of  the 
English  Constitutions,^')  and  if  ther  be  any  discrepancye  betuixt  the  popish 
church  mens  habite  and  that  of  the  church  of  Englande,  our  bishopps, 
who  evrye  daye  are  stryving  to  improve  all  thinges,  will  help  that ; 
and  as  they  have  almost  restored  all  the  masse,  why  should  they  not  also 
give  us  the  habite  agreable  therunto  ?  for  it  wer  a  shame  to  swallow  ane  oxe 
and  worrye  on  his  taile,  or  to  straine  a  gnatt  after  they  have  thus  swallowed 
a  camell.  Twenty-third,  Lastly,  As  if  it  wer  troublesome  to  our  bishopps  to 
containe  the  violent  current  of  ther  power  within  any  brinkes  or  boundaryes; 
cap.  19,  sec.  7dt.,W  they  assume  power  to  themselves,  acording  to  ther  owne 

(1)  [Chap.  XVIII.  Sec.  5.  "  And  if  anie  shall  after  intimation  [of  the  sentence  of  excom- 
munication] resort  to,  or  converse  with  anie  who  is  excommunicate,  (those  excepted  who  are 
by  natural!  duetie  bound  to  attende  them,  or  who  are  licenced  by  the  Bishop)  they  shall  in- 
curre  the  same  Censure,  and  bee  excommunicated  themselues."] 

(2)  [Chap.  XV.  Of  decencie  in  Apparell,  enjoyned  to  persons  Ecclesiasticall :  "  The 
Chvrch  of  Christ  being  ever  desirous  that  Her  Clergic  should  bee  had  in  outward  reverence, 
and  regard,  for  the  worthinesse  of  their  Calling,  did  thinke  it  fit,  to  haue  them  knowne  to 
the  people,  by  a  prescribed  and  decent  forme  of  Apparell :  whose  judgement  wee  following, 
doe  ordayne,  That  all  Arch-Bishops,  Bishops,  Deanes,  Masters  of  CoUedges,  Doctors  in 
Divinitie,  Presbyters,  Deacons,  Masters  of  Artes,  and  Bachelours  of  what  Facultie  soever, 
shall  vse  Apparell  beseeming  their  Degrees,  and  abstayne  from  all  light  and  new-fangled 
Garmentes ;  eyther  in  colour,  or  fashion,  no  wayes  beseeming  the  gravitie  of  their  persons 
and  Places."] 

(3)  ["  Archbishops  and  Bishops  shall  not  intermit  to  use  the  accustomed  apparel  of  their 
degrees.  Likewise  all  Deans,  Masters  of  Colleges,  Archdeacons,  and  Prebendaries,  in  Ca- 
thedral and  Collegiate  Churches  (being  Priests  or  Deacons,)  Doctors  in  Divinity,  Law,  and 
Phvsic,  Bachelors  in  Divinity,  Masters  of  Arts,  and  Bachelors  of  Law,  having  any  Ecclesias- 
tical Living,  shall  usually  wear  Gowns  with  standing  Collars  and  Sleeves  straight  at  the 
hands,  or  wide  Sleeves,  as  is  used  in  the  Universities,  with  Hoods  or  Tippets  of  silk  or 
sarcenet,  and  square  caps.  And  all  other  Ministers  admitted  or  to  be  admitted  into  that 
function  shall  also  usually  weiu-  the  like  apparel  as  is  aforesaid,  except  Tippets  only."] 

(4)  [<•  Lastlie  :  In  all  this  Booke  of  Canons,  where-so-ever  there  is  no  Penaltie  expresslie 
set  downe,  it  is  to  bee  vnderstood.  That  (so  the  Cryme  or  Offence  bee  proved)  the  Punish- 
ment shall  bee  arbitrarie,  as  the  Ordinarie  shall  think  fittest."] 


Ch.  liv]  history  of  scots  affairs.  89 

arbitriment,  to  inflict  punishment  upon  such  as  doe  transgresse  the  canons, 
which  are  enacted  with  no  speciall  sanctione  therunto  added  :  this  is  the  cape- 
stone  that  they  sett  upon  this  prowde  building-e :  and  if  any  thing  be  wantinge, 
they  crowne  it  with  this  supplement :  To  conclude,  the  sumrae  of  all  comes 
to  this,  that  the  bishopp  may  judge  all  men,  and  hiraselfe  be  judged  by  none. 
Thirdh/,  This  booke  containes  some  thinges  contradictorye.  For,  cap.  18, 
sec.  2,(')  it  condemnes  summary  excommunicatione  without  a  citation ;  yet, 
cap.  8,  sec.  4,(2)  such  as  contradicte  synods  and  ther  decrees,  and  doe  not 
acquiesce  therin,  all  such  as  shall  chaunge  the  rubricke,  canon,  the  wordes 
of  thes  bookes,  viz.  the  Booke  of  Canons,  Leiturgye,  Ordinatione  or  Ho- 
melyes  (albeit  none  of  them  wer  printed  at  that  tyme,  but  only  the  Booke 
of  Canons),  they  are  declared  excommunicate  ipso  facto  :  Next,  they  en- 
joyne  residence  to  all  presbyters  ;(')  yet,  cap.  ll,^)  curatts  are  reockned  upp 
amongst  laufull  ministers  ;  whois  only  use  is  for  to  supply  the  vice  of  non 
residents,  nor  can  ther  use  be  any  other. 

Fourtly.  This  booke  containes  some  thinges  contrary  to  actes  of  Par- 
liament. [For,]  cap.  7,  sec.  6,<^>  the  innocent  party  divorced  is  forbiddne  to 
marrye  as  long  as  the  adulterouse  party  divourced('')  lives  ;  yet  in  the  actes 
of  Parliament,  the  contrare  is  warranted  :  Next,  cap.  17,  sec.  7,(')  pastores 
who  dye  without  childeren  must  leave  a  great  pairt  of  ther  goodes  to  piouse 
uses,   albeit  thes  goodes  have  been  left  to  them  by  ther  progenitors,   which 

(1)  [Chap.  XVIII.  Of  Censures  Ecclesiasticall.  Sec.  2.  "  The  Censure  of  Excommvni- 
eation,  beeing  the  highest  Censure  which  the  Church  can  inflict,  may  not  bee  sumniarie,  nor 
ordinarHe  vsed;  but  after  lawful!  Citation,  and  due  Admonitions  preceeding."] 

(2)  [See  above,  p.  83,  note,  CD.] 

(3)  [Chap.  III.   Of  Residence  and  Preaching,  Sec.  1.] 

(4)  [Cliap.  XI.  Of  Curates,  and  Readers:  "  Everie  Bishop  within  his  Diocesse,  shall 
take  tryall  of  the  qualitie  of  the  Curates  and  Readers,  and  permit  none  to  reade,  or  con- 
ceaue  publicise  Prayers  in  the  Church,  vnlesse  hee  bee  in  holie  Orders,  and  lawfullie  author- 
ised by  the  Bishop."] 

(5)  [Chap.  VII.  Of  Marriage.  Sec.  6.  "  In  all  Sentences  of  Separation,  a  Thoro  Sf 
Mensa,  there  shall  bee  a  Caution  inserted,  that  the  persons  so  separated,  shall  live  continent- 
lie,  and  chastlie,  and  not  contract  marriage  with  anie  person,  during  each  others  lyfe." 
Compare  the  English  Constitutions,  can.  107.] 

(6)  [This  objection,  it  would  appear,  proceeds  on  a  misunderstanding  of  the  canon  referred 
to,  which  seems  to  applv  not  to  cases  of  Divorce,  but  to  cases  of  Separation  a  thoro  ct  meyisa.l 

(7)  [Chap  XVII.  Of  Tithes  and  Landes,  dedicated  to  Chvrches.  Sec.  7.  "  For  the 
greater  encowragcment  of  peo|)le  to  the  workes  of  I'ietie,  and  Charitie,  If  anie  Bishop,  or 
Church-man  shall  depart  this  lyfe,  leaving  no  Children,  nor  Successour  of  himselfe,  hee  shall 
leave  his  Goods,  or  a  great  part  of  them,  to  the  Chvrch,  and  holie  Uses.  Or  if  hee  haue 
Children,  for  whom  hee  must  provide ;  yet  according  to  his  abilitie,  hee  shall  leaue  some 
Testimonie  of  his  loue  to  the  Chvrch,  and  advancement  of  Religion."] 


90  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  many  thinke  is  appoynted  for  no  other  reasone  but  that  all  may  come  into  the 
bishopps  treasurye,  since  he  is  to  have  a  care  of  the  lycke  goodes ;  nor  any 
meanes  left  how  he  may  be  called  to  ane  accompt :  But  whatever  grounde 
ther  may  bee  for  such  a  conjecture,  sure  it  is  that  the  bishopps,  by  this 
meanes,  tacke  mor  power  to  themselves  over  the  goodes  of  defunct  minis- 
ters then  ever  any  king  of  Scottland  assumed  over  the  goods  of  free  sub- 
jectes.  This  canone  mackes  the  bi.shopps  lords  of  the  goodes  and  fortunes 
which  others  laufully  possesse  as  ther  owne,  and  to  which  none  other  has  any 
right ;  and  it  is  contrare  to  the  commone  and  receaved  raaxime  of  our 
lawes,  which  constitutes  the  last  will  of  free  men  adying  to  be  free. 

Fuftlije,  It  has  in  it  some  very  great  errors,  amongst  which  this  is  one, 
that  the  bishopp  may  give  warrant  to  converse  with  excommunicate  per- 
sones  ;  contrare  to  Matthew  xviii.  17.  Second,  That  he  may  licence  non- 
residency  ;  albeit,  de  jure  divino,  faithfull  pastors  must  resyde  with  ther 
flockes.  Third,  It  forbidds  marriadge  to  the  innocent  party  divorced  ;(') 
contrarye  to  Matthew  v.  32,  et  Matthew  xix.  9,  which  the  reformed  churches 
maintaine  against  the  councell  of  Trent,  sess.  xxiv,  can.  vii.(2)  who  have  such 
doctrine  as  our  bishopps.  Fourth,  Cap.  8,  sec.  4,W  the  booke  speackes  as  if 
the  churche  of  Scottlande  wer  not  reformed,  either  in  doctrine  or  disci- 
pline :  Heer  lett  all  judge  what  a  doore  the  bishopps  opne  to  innovationes  ; 
and  hence  it  is  that  they  macke  no  mentione  at  all  of  the  Confessione  of 
Faith,  ratifyde  by  actes  of  parliament  long  agoe.  Fifth,  They  call  order 
a  sacrament ;  cap.  2,  sec.  7  -M)  For  all  thinges  are  to  be  founde  (acording  to 

(1)  [See  above,  p.  89,  notes  (5),   (6).] 

(2)  ["  Si  quis  dixerit,  Ecclesiam  errare,  ciim  docuit,  &  docet,  juxta  Euangelicam  & 
Apostolicam  doctrinam,  (Matt.  19.;  Lucae  16.;  1  Cor.  7.),  propter  adulterium  alterius 
conjugum  matrimonii  vinculum  non  posse  dissolvi ;  &  utrumque,  vel  etiain  innocenteni,  qui 
causam  adulterio  non  dedit,  non  posse,  altero  conjuge  vivente,  aliud  matrimonium  con- 
traliere  ;  moecharique  eum,  qui  diniissa  adultera  aliam  duxerit,  &  eam,  quae  dimisso  adultero, 
alii  nupserit ;  anathema  sit."  Concil.  Trident.  Can.  et  Decret.  Vide  etiom  Catech.  Con- 
cil.  Trident,  par.  ii.,  cap.  viii.,  secc.  xxvii.  xxviii.  xxix.] 

(3)  [Chap.  VIII.  Of  Synodes.  Sec.  4.  "  But  f'or-as-much  as  no  reformation  in  Doctrine 
or  Discipline,  can  bee  made  perfect  at  once  in  anie  Cliurch  ;  Therefore  it  shall  and  may  be 
lawfull,  for  the  Church  of  Scotland,  at  anie  tyme,  to  make  Remonstrance  to  His  Majestie, 
or  His  Successoures,  what  they  conceaue  fit  to  bee  taken  in  farther  consideration,  in,  and 
concerning  the  Premisses."] 

(•1)  [Chf.p.  II.  Of  Presbyters  and  Deacons,  their  nomination,  ordination,  function  and 
charge.  Sec.  7.  "  That  the  greater  reverence  may  bee  carried  to  that  holie  Calling  [of  the 
Ministry],  all  Ordinations  shall  bee  made  by  imposition  of  handes,  and  with  solemne  prayers, 
openlie  in  the  Church,  after  the  morning  Service  ended,  and  before  the  Communion,  in  the 
forme  and  verie  wordes  praescrybed  in  the  Booke  of  Ordination,  and  in  presence  of  two  or 
three  Presbyters  of  the  Diocesse,  who  shall  laye  on  handes  together  with  the  Archbishop, 
or  Bishop."] 


Cn.  LV.]  HISTORY  OF  SCOTS  AFFAIRS.  91 

*  ther  catechese  its  definitione)  that  macke  upp  a  sacrament :  For  the  outwarde  A.  D.  1638. 
ryte  is  irapositione  of  handes,  the  inward  benefitt  is  the  Sacred  Spirit;  "  Re- 
ceave,"  sayes  the  ordaining  bishopp,  "the  Holy  Goste."  Now,  since  they  doe 
pray  for  Gods  grace  to  such  as  are  to  be  ordained,  it  is  necessair  that  the 
promise  be  fuUfuUed,  if  they  would  have  the  prayer  to  be  of  faithe  :  Lyck- 
wayes  they  professe  that  such  an  iustitutione  is  divyne,  as  if  such  a  grace 
wer  only  dispenced  by  the  handes  of  the  bishopp.  Sixth,  The  lycke  may  be 
collected  that  they  thinke  of  pennance ;  for  why,  otherwayes,  should  thev  with 
the  Papistes  call  confession  and  absolutione  sacramentall,  and  cause  printe 
that  worde  in  capitall  letters,  [cap.]  18.  sec.  9(')?  Lasthj,  To  macke  all 
thinges  have  the  greater  authoritye,  the  authors  of  this  booke  flatter  the 
Kinge.  For,  cap.  1,  sec.  2,(2)  they  ascrybe  to  the  King  and  his  successors, 
without  any  limitatione,  all  that  power  in  church  matters  that  ever  was 
competent  to  the  Kings  of  Juda :  Hence  it  will  follow  that  our  Kinges 
have  power  to  wrytte  Scripture,  as  David  and  Solomon  had:*  And,  cap.  8, 
sec.  4,(3)  they  declare  the  King  and  his  successors  to  be  supreme  judges  in  all 
ecclesiasticke  matters,  both  in  doctrine  and  discipline ;  albeit  the  power  finally 
to  decyde  controversyes  in  any  churche  belonge  to  the  nationall  synode  of  that 
churche,  as  the  divynes  sent  by  King  James  the  Sixth  to  the  councell  of  Dorte 
doe  roundly  affirme  and  mantaine,(^)  without  any  ambiguity e  of  wordes. 

LV.  Upon  thes  considerationes,  mostly,  t  therfor  did  the  Assembly,  all    Book  of  Ca- 
in one  voice,  reiecte  and  condemne  the  Booke  of  Canons,  as  contrarve  to   ""1^  rejected 

■■  •'  and  condemn- 


ed. 


(1)  [Chap.  XVIII.  or  Censures  Ecclesiastical).  Sec.  9.  "  Al-be-it  SACRAMENTALL 
CONFESSION  AND  ABSOLVTION,  haue  beene  in  some  places  verie  much 
abused  ;  Yet,  if  anie  of  the  people  bee  grieved  in  niynde,  for  anie  delict,  or  offence  com- 
mitted, and,  for  the  vnburthening  of  his  Conscience,  confesse  the  same  to  the  Bishop,  or 
Presbyter,  they  shall,  as  they  are  bound,  minister  to  the  person  so  confessing,  all  Spiritual] 
Consolations,  out  of  the  Word  of  God,"  etc.'\ 

(2)  [Chap.  I.  Of  the  Chvrch  of  Scotland.  Sec.  2.  "  Whosoever  shal  herafter  affirm, 
T/iQt  the  king's  Mojestie  hath  not  the  same  Authoritie  in  Causes  Ecclesiasticall,  that  the 
godlie  kings  had  amongst  the  lewcs,  and  Christian  Emperours,  in  the  Primitiue  Church  ; 
or  impeach,  in  anie  piirt,  his  Royall  Supremacie  in  causes  Ecclesiasticall  ;  let  him  bee  ex- 
communicated, and  not  restored,  but  onelie  by  the  Arch-bishop  of  the  Province,  after  his 
Repentance,  and  publicke  Revocation  of  these  his  wicked  Errours."  Compare  the  English 
Constitutions,  can.  2.] 

*   But  not  as  kings.     This  added  by  .1.  G. 

(3)  [See  above,  p.  83,  7iote  (l).] 

(1)  [Sessione  29.  illius  synodi,  in  responsione  ad  protestationem  Remonstrantium."  His- 
toria  Motuum,  p.  229.] 

■f  See  print  actes  of  the  Assembly  at  Glasgow,  act  sess.  14,  December  6.  [Records  of 
the  Kirk,  p.  26.] 


92 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


Opinion  of 
sober  men 
upon  this. 


the  Confessione  of  Faiihe,  repugnant  to  the  established  governemeiit,  the  ' 
Booke  of  Discipline,  and  the  actes  and  constitutions  of  our  kirke  :  prohibitts 
the  use  and  practise  of  the   same;  and  ordained  presbytryes  to  proceede 
with  the  censures  of  the  church  against  all  such  as  shall  transgresse. 

LVI.  This  Booke  of  Canons,  which  had  the  same  common  parents  with 
the  Service  Booke,  felt  the  lyke  fate ;  and  sober  men  thought  that  by  such  a 
damnatorye  sentence  it  gott  but  justice.  The  informality  of  its  introduc- 
tione  was  notoriouse  ;  and  for  the  straine  therof  manye  who  understoode 
bothe  deemd  that  it  resembled  a  Boniface,  or  a  Gregory,  or  a  Clement, 
sitting  in  the  Vaticane  of  Rome,  compyling  ther  Decretalls,  or  Clementines, 
or  Extravagants.  For  many  sober  ministers,  who  otherwayes  favoured  the 
bishopps,  wer  startled  with  thes  Cannons,  and  thought  them  grossly  extra- 
vao-antt,  as  bewraying  a  too  great  neglect  of  all  the  churche  in  the  intro- 
ductione  of  them,  and  a  too  great  usurpatione  of  power  to  themselves  in 
the  Canons  ther  sett  downe.  All  saw  that  the  bishopps,  seeking  heerby  for 
to  fathorae  in  the  whole  power  of  the  churche  too  quickly,  did  heerby  lose 
themselves  and  the  power  that  they  wer  possessed  with,  mor  qwickly  then 
they  dreamed  off.  Howbeit  Lysimachus  Nicanor  tooke  upp  the  buckler  in 
his  invective  against  the  covenanters,  for  to  defend  the  Service  Booke,  yet 
he  has  not  had  the  boldnesse  for  to  pleade  for  the  Booke  of  Canons,  but 
passeth  it  over  in  silence. 

The  Booke  of  Cannons  beinge  overthrowne,  the  next  booke  which  was 
brought  to  the  test  was  the  Booke  of  Ordinatione,  ane  other  whelpe  of  that 
same  litter  with  the  two  former.  The  exceptiones  givne  in  against  it  wer 
as  followeth  : 


ANIMADVERSIONES    UPON    THE    BISHOPPS    THER    BOOKE    OF    ORDINATIONE 
OF    PRESBYTERS    AND    DEACONS. ('' 


Animadver- 
sions on  the 
Book  of 
Ordination : 
said  book 
rejected. 


LVII.  First,  This  booke  is  made  upp  without  any  consent  or  approba- 
tione  of  any  Nationall  Assemblye  ;  nor  has  it  any  ecclesiasticke  or  civill 
authority,  albeit  the  bishopps  have  severall  tymes  already  made  use  of  it. 
Second,  It  mackes  the  bishopps  a  thirde  order  of  the  clergye,  distincte  from 
presbyters.  Third,  It  setts  upp  a  new  order  of  deacons,  who  are  to  have 
no  charge  of  the  poore,  as  the  deacons  had.  Acts  vi. ;  and  it  gives  power  to 

(1)  [Translated  from  "  Animadversiones  in  librum  ordinationis  Episcoporum,  presbytero- 
rum,  &  Diaconorum,"  Historia  Motuum,  pp.  '229,  230.] 


Ch.  lviii.]  history  of  scots  affairs.  93 

thes  deacons  to  bcaptise  and  raarrye.  Fourth,  It  reqwyres  of  intrants  to  the  A.  D.  1G38. 
ministrye  new  and  unwonted  oathes,  contrare  to  actes  of  parliament :  nor 
are  such  as  are  to  be  admitted  to  the  ministrye  suffered  to  know  what  they 
are  to  sweare  till  the  very  instante  that  they  are  to  gett  orders,  and  to 
tacke  the  oathe  ;  so  that  they  cannot  be  saide  to  sweare  with  judgement. 
Fifth,  It  affirms  that  the  episcopall  forme  of  ordinatione  is  agreable  and 
warranted  by  actes  of  General  Assemblyes ;  which  is  false.  Sixth,  It  referres 
the  tryall  and  examinatione  of  intrants  to  the  bishopp,  debarring  the  pres- 
bytrye,  to  whom  properlye  it  doeth  belonge.  Seventh,  It  licenceth  a 
bishopp  to  laye  handes  soddainly  on  such  as  he  never  saw  befor ;  for  he  has 
the  knowledge  of  the  intrants  lyfe  and  manners,  by  a  superficiall  relatione 
of  his  archdeacon  or  capellane.  Evjhth,  It  putts  the  power  of  ordinatione 
into  the  handes  of  the  bishop  alone,  excluding  all  presbyters  from  any  pairt 
therin,  furder  then  being  wittnesses.  Ninth,  The  whole  forme  of  ordina- 
tione is  papisticke,  and  tackne  out  of  ther  rytwall  booke.(')  Tenth,  It 
affirmeth  that  the  bishopps  have  gottne  that  power  and  jurisdictione  from 
God.  Other  observationes  wer  givne  in  upon  thes  three  bookes,  for  the 
fourth  of  them,  viz.  the  Booke  of  Homelyes,  saw  never  the  light,  but  was 
stiffled  in  the  very  birth  therof.  The  Assemblye,  therfor,  upon  thes  con- 
siderationes,  and  withall  fynding  it  ane  impediment  to  the  entrye  of  fitt  and 
worthy  men  to  the  ministrye,  and  to  the  discharge  of  ther  duty  after  ther 
entrye,  conforme  to  the  church  discipline,  did  therfor  all  in  one  voice 
rejecte  and  condemne  the  Booke  of  Ordinatione  ;  and  did  forbidd  all  use  and 
practise  therof,  etc.,  ut  supra.i^) 

LVIII.  In  the  last  place,  the  Assembly  tooke  to  its  cognitione  the  Higli  Com- 
High  Commissione  court ;  and  declared  that,  by  setting  upp  therof,  all  ec-  ™ssion  court 
clesiasticke  jurisdictione  and  power  was  overturned  and  jumbled ;  and  that 
all  powers  heerin  wer  confounded  and  cast  together  in  a  medlye ;  that  it  was 
unagreable  with  church  constitutiones  (albeit  it  did  belye  the  resemblance 
of  a  supreme  ecclesiasticall  judicatorye),  and  with  the  actes  of  Parliament ; 
that  it  was  contrare  to  the  actes  of  Parliament  and  fundamentall  lawes, 
specially  that  of  James  I.  Parliament  3,  statute  48,  and  James  IV.  Parlia- 
ment 6,  statute  79,  whairin  it  is  expressly  ordained  that  the  subjects  be  ruled 
by  no  other  lawes  then  thes  of  the  kyngdome;  that  in  this  judicatorye,  the 

(1)  ["  Tota  forma  consecrationis   Episcoporum  &   Archiepiscorum  pontifioia  est..  &  ex 
rituali  Romano  translata."     Historia  Motuura,  p.  230.] 

(2)  [See  Records  of  the  Kirk,  p.  26.] 


94  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1G38.  power  of  both  the  swordes,  as  weall  civill  as  ecclesiasticke,  was  givne  unto 
churche  men,  and  such  as  war  meerly  secular,  and  that  such  therby  gott 
into  ther  handes  the  power  of  church  discipline  and  the  keys  :  Finallye,  they 
declare  that  it  was  tribunal  extraneum,  a  straunge  judicatorye,  erected 
without  the  consent  of  Parliament  and  Churche,  and  that  the  only  ende 
therof  was  for  to  establish  the  episcopall  tyrannye  :(')  For  which  reasones  the 
Assembly,  all  in  one  voice,  condemned  it  as  unlaufull,  prohibited  the  use  of 
it  as  praejudiciall  to  the  libertyes  of  Chrystes  church  and  kyngdorae,  the 
Kings  honor  in  mantaining  the  established  lawes  and  libertyes  of  the  churche 
and  its  judicatoryes;  and  ordained  presbytryes  to  proceede  against  all  trans- 
gressors, ut  supra,  etcS'^y 
Opinion  of  LIX.  The  Booke  of  Ordinatione  all  saw  informally  introduced,   and  he- 

sober  people  g  ^^g  that,  ther  was  an  other  ill  in  the  contents  therof;  for  by  this  booke  the 
about  the  Book    •'  ... 

of  Ordination  neighbour  reformed  churches  ther  practise  of  ordinatione  by  presbyters, 
and  the  High  ^g  ^^jg^  ^f  ^^^  churche  of  Scottlande,  for  many  yeares  after  the  Reforma- 
Commission.        .  11111 

(Jommission  to  tione,  was  heerby  tacitly  condemned,   and  many  hundereths,  yea  thousands, 

visit  the  shire  of  ministers  declared  laickes  (which  the  learned  episcopall  men  dare  not 
at  Dundee.  saye),  and  qwyte  unministred  to  the  great  offence  both  of  clergye  and  peo- 
ple ;  so  that  no  body  but  such  ministers  as  had  been  lately  ordained  by 
bishopps,  wer  dissatisfeed  with  the  removall  heerof.  And  how  ridicolouse  it 
is  to  affirme  that  none  have  power  of  ordinatione  jure  divino  but  bishopps, 
or  ever  had,  I  referr  the  reader  to  the  learned  polemicke  tractats  that  have 
been  in  the  past  yeares  wryttne  upon  that  subjecte. 

And  finally,  for  the  High  Comissione,  its  forme  of  establishment  all 
thought  illegall,  its  constitutione  a  mungrell  clero  or  episcopo  laicall  eccle- 
siastico-civill  judicatorye.  Yet  many  did  thinke,  as  beefor  I  have  related, 
that  the  nobility e  ther  enmity e  at  that  judicatorye  flowed  not  meerly  upon 
such  an  accompt  as  the  Generall  Assembly  declared,  but  upon  a  particular 
interest,  as  fynding  themselves  made  too  much  obnoxiouse  to  the  lashe  of 
churche  discipline,  seconded  with  brachium  seculare,  which  they  never  much 
fancyd.  However  it  was,  as  it  was  sett  upp  without  consent  or  approbatione, 
the  nobilitye,  gentrye,  or  ministrye,  ther  consent  was  unanimouse  eneuch 
(though  ther  endes  might  be  diverse)  for  to  pull  it  downe,  and  putt  it  out 
of  doors  againe.  The  discussing  of  the  reasones  against  the  leiturgye,  bookes 
of  canons,   ordinatione,   and  the  court  of  the  High  Comissione,  did  tacke 

(1)  [Historia  Motuum,  pp.  231,  232.]  (2)  [Records  of  the  Kirk,  ]>.  26.] 


Cu.  LX.] 


HISTORY  OF  SCOTS  AFFAIRS. 


95 


upp  all  this  sessione,  as  it  wealle  might  seeme  to  doe ;  yet,  before  the  rysing 
therof,  a  comissione  was  ordained  to  sitt  at  Dundee,  to  visite  all  Angusse 
after  the  dissolutione  of  the  Assembly.  The  members  therof  wer  em- 
powred  from  the  Assemblye  for  to  tacke  in  the  complaintes  of  all  or  any  of 
the  shyre  of  Angusse,  against  any  of  the  ministrye  who  had  been  accused 
befor  this  Assemblye,  and  for  to  heer  the  proofes  of  the  lybells  givne  in 
against  them.  The  reasone  of  this  comissione  was,  because  it  was  now 
winter,  and  many  of  the  wittnesses  not  able  (or  perhaps  unwilling)  to  be  pre- 
sent to  depone  against  the  accused  ministers.  Ther  was  another  reasone, 
which  was,  that  in  Angusse  ther  was  a  considerable  pairtye  of  the  gentrye 
and  ministrye  disaffected  to  the  Covenante,  who  behooved  to  be  looked 
after.  The  members  of  this  comittye  wer  composed  of  noblemen,  barrons, 
ministers,  and  burgers,  inhabitants  of  Angusse,  but  mostlye  of  Fyfe,  who 
wer  mor  generallye  zealotts(')  ;  they  all  gave  ther  oathes  cle  fideli  administra- 
tione,  and  gott  the  Assemblyes  full  power,  as  if  it  had  been  done  in  face  of 
the  Assembly,  but  they  wer  to  be  answerable  upon  ther  honours  to  the  next 
Generall  Assemblye,  for  all  ther  actinges.     So  this  sessione  ended. 

LX.  Upon  Frydaye,  December  seventh,  the  Assembly  conveened  againe, 
when  first  ther  wer  letters  presented  from  the  Bishop  of  Dunkeld,  Mr. 
Alexander  Lindseye,  submitting  himself  to  the  Assemblyes  censure,  pro- 
mising to  adhere  to  all  the  decrees  therof,  as  of  a  laufull  Generall  Assem- 
blye. He  excused  his  absence  by  reasone  of  the  winter  seasone,  and  his  ould 
age  and  bodily  weacknesse.  Argylle  did  stand  upp  upon  the  reading  of  the 
letter,  and  gave  him  the  testimoney  of  a  modest  and  peacably  disposed  man. 
This  was  done  after  the  moderator  had  reade  the  names  of  wittnesses  against 
Mr.  William  Annand,  minister  at  Aire,  and  against  the  Bishops  of  Rosse, 
Edinburgh,  and  Dumblaine,  who  wer  all  sworae ;  and  seing  that  severall  of 
thes  witnesses  wer  of  the  members  of  the  Assembly,  they  wer  discharged, 
for  the  greater  formalitye,  from  having  voices  as  judges  in  the  processes 
of  thoise  against  whom  they  had  borne  witnesse. 

Befor  they  proceeded  with  the  trial  of  the  bishopps,  which  now  they  wer 
about,  it  was  desyred  by  the  moderator  that  Mr.  George  Halliburton&C^)  pro- 
cesse  might  be  putt  to  a  periode.  The  reasone  was,  because  the  Lord 
Lindsey,  who  was  a  maine  agent  in  it,  behoved  necessarly  to  goe  to  Edin- 
burgh ;  for,  by  letters  brought  by  Mr.  George  Winerhame,  the  noblemen 

(1)  [See  a  list  of  them  in  Records  of  the  Kirk,  p.  104.] 
(2)  [He  was  minister  at  Craii.] 


Mr.  Alexan- 
der Lindsay, 
bishop  of 
Dunkeld, 
submitts. 
Mr.  George 
Haliburton's 
process  refer- 
red to  the 
Angus  Com- 
mittee. 
Mr.  James 
Auchnleehf 
referred  to  a 
Committee. 
Sydserfe, 
Bishop  of 
Galloway, 
deposed  and 
oxi'omnnmi- 
catcd. 

Sessio  15. 

Decembris  7. 

Frydaye. 


96  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

ruling  elders  wer  advertished  that  Hamlltoune  was  tacking  some  course  to 
provyde  the  castell  of  Edhiburgh  with  ammunitione,  which  it  was  thought 
needfull  for  to  preveent  and  hinder.  Lyckwayes  it  was  certifyd  that  one  of 
the  Kings  shipps  was  entred  the  Firth  of  Forthe ;  for  which  reasones  it  was 
held  fitt  that  the  Lord  Lindsey,  Rolhesse,  Johnstoune,  Wachtoune/O  and 
Sir  William  Scott,  should  goe  thither  and  keepe  the  next  councell  daye. 
Then  was  Mr.  George  Haliburtons  accusatione  reade,  the  heades  wherof 
wer  mostly  provne,  being,  first,  simony  ;  secondly,  that  he,  the  said  Mr. 
George,  deneyed  the  sacraments  to  many  honest  men,  and  gave  them  to 
scandalouse  persons  ;  that  he  had  putt  of  honest  men  from  his  sessione,  and 
putt  worse  in  ther  places ;  that  he  had  kept  upp  the  coUectiones  gathered 
for  the  use  of  the  poor  ministers  of  the  Palatinate,  and  for  the  supply  of  the 
poor  people  of  Orkneye  in  the  tyme  of  famine  ;  that  he  had  made  use  of  a 
false  key  (as  some  saide),  and  therwith  tackne  out  money  out  of  the  church 
boxe;  that  he  had  declyned  the  Assembly,  and  appealed  to  the  King,  or 
any  competent  judicatorye  appoynted  by  the  Kinge.  In  his  absence,  George 
Halliburton,  laird  of  Keillor,  answered  for  him,  who  deneyed  that  his  kins- 
man Mr.  George  had  appealed  from  the  Assemblye.  He  furder  undcrtooke 
to  move  him  to  ansuer  before  his  oune  presbytrye  :  he,  the  laird  of  Keillor, 
added  that  he  and  his  freends  wer  willing  and  able  to  serve  the  Lord  Lind- 
sey to  good  pourpose.  Thes  considerationes,  specially  Keillor  being 
knowne  to  be  a  Covenanter,  moved  the  Lord  Lindsey  to  desiste,  and  to 
remitte  the  tryall  of  Mr.  George  Haliburton  to  the  presbytrye  wher  he 
lived,  or  to  the  commissione  of  the  Assemblye  for  the  shyre  of  Angusse, 
wher  Mr.  George  Haliburton  lived ;  and  this  was  yeelded  too  by  the  whole 
Assemblye.(^) 

After  him,  Mr.  James  Auchnlecke(^)  was  called  upon  and  citted,  who  did 
compeer  and  answer  for  himselfe.     He  was  accused  of  several  poyntes  of 

(1)  [Sir  Patrick  Hepburn  of  Waugliton,  ruling  elder  for  the  presbytery  of  Dunbar.] 

(2)  [Records  of  the  Kirk,  p.  165.  "Lord  Lindsay,"  says  Baillie,  "urged  vehemently 
the  deposition  of  Mr  George  Haliburton  minister  of  Crail,  yet  when  we  perceived  that  the 
main  thing  alledged  against  hmi  was,  but  meddling  with  the  ehurcli-box,  and  negligence  in 
counting  for  it,  and  that  the  chief  quarrel  was  his  late  transportation  to  Crail,  (it  being  a 
great  benefice),  against  Lord  Lindsay's  will,  the  great  patron  of  it,  we  would  not  gratify 
any  man's  humorous  spleen,  but  referred  the  trial  of  that  process  to  the  presbytery  of  St 
Andrew's,  showing  that  we  thought  the  man's  negligence  in  counting,  being  yet  helped  by 
refunding,  of  some  moneys,  needed  not  to  be  so  odiously  exaggerated  with  the  name  of  sacri- 
lege as  it  was."     Letters,  vol.  i.  p.  128.] 

(3)  [A  minister  in  the  presbytery  of  Dundee.] 


Ch.  lx.]  history  of  scots  affairs.  97 

Arminianisme,  which  he  deneycd  that  he  mantained.C)  His  tryall  was  A.  D.  1638. 
remitted  to  a  comittye  of  ministers,  who  wer  appoynted  to  give  in  ther  dili- 
gence  the  Tewsday  followinge,  Decembris  twelfth.  The  members  of  that 
comitye  wer  Mr.  James  Bonnar  ;  Mr.  Samuel  Rutherfoorde ;  Mr.  John 
Moncreiife ;  Mr.  Alexander  Sommerveill ;  Mr.  Johne  Marten  ;  and  Mr. 
Mathew  Birsbane.C^) 

Now  did  the  Assembly  proceed  to  the  tryall  and  proofe  of  the  lybell  givn 
in  against  Mr.  Thomas  Sydserfe,  bishop  of  Gallowaye,  sessione  octava*  To 
it  did  the  wittnesses  give  ther  affirmative  testimoney.  To  the  rest  of  his  ac- 
cusation was  added  that  he  was  contumaciouse  to  the  Assembly,  and  willfully 
did  absent  himself,  though  he  knew  himselfe  to  be  summoned,  and,  for  the 
tyme,  did  macke  his  aboade  hard  by  in  the  countreye.  Befor  his  sentence  was 
past,  the  moderator  made  a  short  speecheC^)  of  the  ills  done  by  the  bishops, 
and  exhorted  the  Assemblye  to  be  attentive  to  ther  accusationes  and  proofes 
therof,  that  so,  with  cleare  consciences,  they  might  give  ther  voices.  Nor 
did  they  neglect  the  formailitye  of  calling  upon  Dr.  Robert  Hamiltoune,  as 
procurator  for  the  bishopps,  and  him  consequentlye  ;  but  neither  of  them 
answering,  the  Assembly  voted  that  the  saide  Mr.  Thomas  should  bee  from 
thenceforth  deposed  from  his  episcopall  and  ministeriall  function,  and  be 
excommunicatedC'').    Sir  George  Stirling  of  Keir,  and  Mr.  Silvester  Lambe, 

(1)  ["  The  man,"  says  Baillic,  "  cleared  himsell'  to  us  of  all,  but  some  quirks  in  the  se- 
cond article.  The  gentlemen,  [the  ruling  elders  and  commissioners]  \\\\o  understood  not 
well,  thought  everything  here  capital  heresy."     Letters,  vol.  i.  p.  128.] 

(2)  [Compare  this  with  the  list  in  Records  of  the  Kirk,  p.  165.] 
*    Vide  supra,  sess.  8.  [p.  29.] 

(3)  [It  is  printed  in  the  Records  of  the  Kirk,  |).  165  ;  and  in  Stevenson's  History  of  the 
Church  of  Scotland,  vol.  ii.,  pp.  618—620.] 

(4)  [Lord  Hailes  has  printed  a  remarkable  letter  regarding  Sydserf,  WTitten  from  Paris, 
by  Robert  Burnet  of  Crimond,  to  Archibald  Johnston  of  VVarriston.  "  For  Mr.  Sydeserf, 
sometime  Bishop  of  Galloway,  he  came  here  five  or  six  weeks  ago,  and  by  [without]  my 
knowledge,  by  the  address  of  other  Scotsmen,  he  took  his  chamber  in  the  house  where  I  am, 
and  has  been  since  my  being  here.  I  could  have  wished  he  had  not  come  here,  as  long  as  I 
had  been  here,  rather  to  have  satisfied  other  men's  scruples,  whom  I  have  no  intention  to 
offend,  than  my  own ;  for  the  Lord  is  my  witness,  to  whom  I  must  answer  at  the  last  day,  I 
think  there  was  never  a  more  unjust  sentence  of  excommunication  than  that  which  was  pro- 
nounced against  some  of  these  Bishops,  and  particularly  against  this  man,  since  the  creation 
of  the  world ;  and  I  am  persuaded,  that  these  who  did  excommunicate  him  did  rather  ex- 
communicate themselves  from  God,  than  him ;  for  I  have  known  him  these  twenty-nine 
years,  and  I  have  never  known  any  wickedness  or  unconscientious  dealing  in  him  ;  and  I 
know  him  to  be  a  learneder  and  more  conscientious  man  (although  I  will  not  purge  him  of 
infirmities  more  than  others)  than  any  of  those  who  were  upon  his  excommunication.  And, 
alas,  Brother  I  what  would  you  be  at,  that  now  when  you  have  beggared  him,  and  chased 


yo  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  minister  at  Glammes  in  Angusse,  desyred  that  his  excommunicatione  might 
proceede  after  the  ordinar  forme  ;  Mr.  David  Lindsey,(0  a  minister,  saide 
that  he  desyred  a  tyme  to  be  advysed  concerning  his  excommunication  -fi) 
Wherupon  the  moderator  tooke  occasione  to  speacke  of  the  nature  and  se- 
verall  kyndes  of  excommunicatione,  shewing  that  it  was  ordained  to  punish 
the  bodye  that  the  soule  might  be  saved ;  that  the  church  of  England  had  a 
forme  of  excommunicatione,  called  lata  sententia,  wherby  thes  who  did 
such  a  thing  ipso  facto  wer  excommunicated ;  which  was  specifyd  in  ther 
bookes  of  canons  ;  but  that  such  a  forme  was  papisticke,  and  so  not  to  be  used  : 
Next,  he  told  of  another  forme  of  summar  excommunicatione  practised  by  the 
Generall  Assembly*  against  Mr.  Patrick  Adamson,  bishop  of  St.  Andrews, 
which  forme  he  thought  unmeet  to  use  against  the  bishopps  ;  that  they  would 
use  only  the  ordinare  forme,  which  is  after  citatione,  which,  since  the 
bishopps  have  sleighted,  he  thought  fitte  to  proceede  to  that  censure  against 
them.  Mr.  Arichbald  Johnston,  clerke,  did  second  the  moderator  heerin, 
and  shewed  that  the  scriptur  did  warrant  it  in  that  passage.  Si  ecclesiam 
non  audiverit,  etcS^)  It  was  suggested  by  one  Mr.  Thomas  Abernetthy  (who 

him  by  club-law  out  of  the  country,  would  you  have  him  reduced  to  despair,  and  will  you 
exact  that  every  man,  yea  against  his  conscience,  shall  approve  your  deeds,  how  unjust  so- 
ever, yea  out  of  the  country  ? As  I  wrote  to  you  before,  none  of  the  ministers  of  Paris 

would  believe  me,  that  you  would  or  durst  excommunicate  any  for  not  subscribing  that  Co- 
venant ;  and  the  ministers  declared  to  him,  that,  notwithstanding  his  excommunication,  they 
would  admit  him  to  the  communion,  since  his  excommunication  was  not  for  any  crime,  but  par 
raisoH  d'etat  sculement;  but  he  communicates  with  the  English.  All  Scots  and  English 
here,  both  of  one  party  and  other,  respect  him  ;  and  I  assure  you  he  defends  the  Protestant 
religion  stoutly  against  Papists,  and  none  of  our  Scots  Papists  dare  meddle  with  him,  after 
they  had  once  essayed  him.  Be  not  too  violent  then,  and  do  as  you  would  be  done  to,  for 
you  know  not  how  the  world  will  turn  yet."  Memorials  and  Letters  relating  to  the  Reign 
of  Chai-les  I.  pp- 72 — 73.  Glasgow,  17<36.  During  his  residence  in  France,  Bishop  Sydserf 
"  exercised  his  Episcopal  office  in  the  chapel  of  Sir  Richard  Brown  the  King's  ambassador 
at  Paris,  by  ordaining  priests,  and  amongst  the  rest  the  laborious  Mr.  John  Durel."  Skin- 
ner's Ecclesiastical  History  of  Scotland,  vol.  ii.  p.  348.  Lond.  1788.  "  He  dyed  at  Edin- 
burgh, 1663,  leaving  400  merks  to  the  ]joor  of  Kirkwall."  MS.  Account  of  Scotish  Bisho])s.] 

(1)  [Parson  of  Belhelvie.] 

(2)  ["  Excommunication,"  says  Baillie,  "  seemed  to  me  so  terrible  a  sentence,  and  that 
obstinacy,  the  formal  cause  of  it,  required  admonition,  and  some  delay  of  time  after  the  clo- 
sure of  the  process,  that  I  voiced  him  to  be  deposed,  but  not  presently  excommunicated. 
In  this  I  was  followed  by  some  five  or  six,  but  the  rest  went  on  to  present  excommunica. 
tion."  Letters,  vol.  i.  p.  129.  See  Records  of  the  Kirk,  p.  166;  Stevenson's  Hist,  of 
Ch.  of  Scot.  vol.  ii.  p.  618.] 

•  Rather  by  Mr.  Andrew  Melvill.  See  Spotswoods  Historye,  lib.  6.  [p.  345.  Cal- 
derwood,  pp.  1 99,  200.  The  sentence  of  excommunication  proceeded  from  the  provincial 
synod  of  Fife.] 

(3)  [St.  Matthew,  xviii.  17.] 


Ch.  lxi.]  history  of  scots  affairs. 


99 


of  a  deposed  preest  was  turned  a  Covenanter  minister  lately,)  to  a  minister  A.  D.  1638. 
who  did  sitt  neerest  to  him,  that  it  was  proved  against  the  bishopps  that 
they  called  themselves  the  churche  of  Scottland ;  therfor,  if  the  Assembly 
did  not  excommunicate  them,  they  would  excommunicate  the  Assemblye ; 
that,  therfor,  since  they  wer  citted  befor  the  Assembly  to  heare  sentence 
passe  against  them,  either  the  Assembly,  being  thus  engadged,  behoved 
presently  for  to  excommunicate  the  bishopps,  oi',  if  they  did  not  so,  then 
they  behoved  for  to  accounte  the  bishopps  the  church  of  Scottlande,  and 
that  themselves  did  wante  power  to  proceede  against  the  bishopps.  The 
minister,  to  whom  this  was  whispred,  proposed  this  learned  dilemma  as  from 
himselfe.  In  ende,  it  was  concluded  that  presently  the  bishopps  should  be 
censured  with  excomraunicatione,  but  all  at  one  tyme,  after  all  ther  pro- 
cesses were  discussed  and  made  out.  As  for  pronouncing  a  particular  sen- 
tence of  excommunicatione  against  evry  of  the  bishopps  severally,  it  was 
dislycked  by  the  Assembly  as  a  thinge  unnecessaire,  although  the  modera- 
tor proposed  that  overture. 

LXI.  The  archbishopp  of  St.  Andrews  tryaU  proceeded  next,  (for  they  Archbishop  of 
kept  no  order).  The  articles  wherwith  he  was  charged  wer  breache  of  the  ^^  Andrews 
caveatts,  ut  supra  ;  that  he  was  guilty  of  prophanitye,  by  playing,  gaming,  deposed  and 
and  travelling  in  journeys  on  the  Lords  daye ;  that  he  was  a  Simoniake,  excommuni- 
and  sacreledgiouse ;  that  he  had  kept  upp  for  his  owne  private  use  fiftye 
thousand  merkes,  appoynted  for  the  releefe  of  Mr.  Mortoune  and  his  com- 
pany, out  of  the  Turkish  slaverye  ;  as  also  that  he  had  abstracted  fyve 
thousand  merkes  mortified  [by]  Mr.  Wilkye  for  the  bursery  of  St.  Andrewes ; 
that  he  had  kept  upp  the  stocke  and  annwell  rentes  of  the  collectione  within 
his  diocese,  for  the  use  of  the  depauperate  ministers  within  the  Palatinate  ; 
that  he  used  to  sitt  upp  late  and  tipple  in  tavernes ;  that  he  railed  bitterly 
upon  all  praecedent  General  Assemblyes ;  that  he  was  guiltye  of  crimen 
falsi,  havinge  blotted  and  chaunged  at  his  pleasure  the  actes  of  the  As- 
sembly last  holdne  at  Aberdeen  ;  that  he  was  guiltye  of  many  prophane 
wrytts  and  speeches  against  thoise  whom  he  called  puritans ;  that  he  was  a 
countenaincer  of  heterodoxe  pastors  and  professors,  whome,  albeit  it  was 
in  his  power,  he  did  not  restraine  the  yeares  past,  the  church  beinge 
muche  troubled  by  suche  ;  that  consequently,  since  he  winked  at  ther  errors, 
he  tooke  ther  guilt  upon  himselfe.  His  accusers  offered  to  prove  that  he  was 
guiltye  of  many  other  grosse  crymes,  or  at  least  that  ther  wer  very  pregnant 
praesumptions  therof  against  him.     For  which  reasones  the  Assembly  did 


100 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  111. 


Whyteford, 
bishop  of 
Brichen,  de- 
posed and 
excommuni- 
cated. 


The  Author'; 
reflection  on 
this. 


vote  that  he  should  not  only  be  depryved  from  the  ministeriall  and  episcopall 
functione,  but  lyckwayes  excommunicated;  and  that  so  much  the  rather, 
because  to  all  his  former  cryraes  he  had  now  added  contumacye  against  the 
Assembly,  and  declyned  it ;  as  has  been  told  abefor.  Sir  George  Stirling 
of  Keire  desyred  that,  befor  his  excommunication,  he  should  be  citted  pub- 
lickly  three  Lordes  dayes  from  the  pulpitt  of  Glasgow,  for  the  mor  forma- 
litye,  as  he  alledged,  lest  enemyes  should  gett  any  advauntage  against  the 
Assembly  ;  but  the  vote  carryd  otherways,  and  the  laird  of  Keers  over- 
ture was  sleighted  as  superflouse.C) 

LXII.  The  last  who  was  called  upon  in  this  sessione  was  Mr.  Walter 
Whytefoorde,  bishop  of  Breichen,  together  with  the  procurator,  Dr.  Ro- 
bert Hamiltoune ;  but  neither  of  the  two  answering,  his  accusation  was 
readde,  and  the  witnesses  ther  depositiones  tackne.  It  was  objected  to  him, 
besyde  the  breache  of  the  cautiones,  etc.,  that  he  was  oftne  guiltye  off 
beastly  drunknesse ;  that  he  cam  in  to  the  porters  lodge  of  his  owne  dwel- 
ling upon  a  tyme,  and  ther  sleepd  a  good  space  befor  he  could  goe  upp 
staires  againe ;  that,  upon  a  tyme,  he  was  so  drunke  that  he  could  not 
containe  his  urine,  which  was  discerned  by  such  as  stood  by  to  fall  upon 
the  grownde  ;  that  on  a  tyme,  after  he  made  water  against  a  wall,  he  went 
awaye  with  his  nackednesse  discovered,  and  in  that  posture  daunced  a  space 
in  his  owne  court  yarde.  For  thes  and  other  reasones,  the  Assembly  or- 
dained that  he  should  be  deposed  and  excommunicated,  without  any  contra- 
dictorye  voiceC'^) ;  and  this  was  the  laste  acte  of  that  sessione. 

LXIII.  The  reader  cannot  chuse  but  blushe  to  reade  thinges  of  this 
nature  ;  nor  would  I  sett  them  downe  beer,  but  that  they  wer  publickly 
objected,  and  stande  upon  recorde  in  such  papers  as  have  come  to   my 


(1)  [Archbishop  Spottiswoode  did  not  long  survive  the  Glasgow  Assembly.  He  died  at 
London,  on  the  "iOth  November,  according  to  the  inscription  on  his  tomb,  or,  according  to 
other  authorities,  on  the  26th  or  '27th  December,  1639.  A  brief  memoir  of  his  life,  by 
Bryan  Duppa,  Bishop  of  Winchester,  is  prefixed  to  his  History  of  the  Church  and  State 
of  Scotland.     Lond.   1677.] 

(2)  ["  The  Bishop  of  Brechin,"  says  Baillie,  "  was  proven  guilty  of  sundry  acts  of  most 
vile  drunkenness ;  also  a  woman  and  child  brought  before  us,  that  made  his  adultery  very 
probable  ;  also  his  using  of  a  massy  crucifix  in  his  chamber.  The  man  v^'as  reputed  to  be 
universally  infamous  for  many  crimes ;  yet  such  was  his  impudence,  that  it  was  said  he  was 
ready  to  have  compe:ired  before  us  for  his  justification ;  but  was  stayed  by  the  Marquis  [of 
Hamilton],  lest  his  compearance  should  have  been  for  an  acknowledgement  of  the  judicatory." 
Letters,  vol.  i.  p.  129.  Mr.  Samuel  Rutherford  alludes  to  "  the  adulteries  of  Whiteford,  popish 
prelate  of  Brichen,  whose  Bastard  came  weeping  to  the  Assembly  of  Glasgow  in  the  armes 
of  the  whore."     Lex,  Rex  :   The  Law  and  the  I'rince.  [prei'ace,  sec.  12.]  London,  1644.] 


Ch.  LXIV.] 


HISTORY  OF  SCOTS  AFFAIRS. 


101 


handes.  If  all  wer  trwe,  this  miserable  man  fell  under  a  just  censure ;  yet, 
though  it  had  been  so,  modestye  and  charitye  would  have  pleaded  the  sup- 
pressing of  some  of  thes  crymes  ;  it  being  questionable  whither  the  acting 
or  divulging  them  wer  the  mor  scandalouse.  It  was  thought  that,  propter 
honurem  sacerdotij,  thinges  of  this  nature  should  have  been  suppressed  ;  and 
that  charitye,  which  covers  the  multitude  of  offences,  did  not  warrant  so 
goggle  eyed  ane  enqwyrye  into  the  escapes  of  such  as  wer  not  only  men, 
but  of  that  selfe  same  order  and  fraternitye  with  ther  pretended  judges. 
Many  have  thought,  to  this  daye,  that  by  such  procedur  the  mouthes  of  the 
enemyes  of  the  reformed  relligion  wer  opned  to  raile  against  all,  without 
distinctione ;  the  instances  of  a  few  being  so  carefully  suggested  by  thes  of 
ther  owne  order. 

LXIV.  It  might  have  been  thought  that  Mr.  Walter  Whytfoord,  bishop 
of  Breichne,  was  sufficiently  affronted  in  the  last  sessione  ;  yet  at  the  next 
meeting  of  the  Assembly,  Saturdaye,  December  eighth,  which  was  the  six- 
teenth sessione  tberof,  Mr.  Matthew  Weemes,  not  reqwyred  to  any  mans 
seminge,  stoode  upp  and  did  tell  them  that  the  moneyes  which  he  had 
gottne  from  the  bishopp  of  Breichne  to  give  to  ane  whore  Aloisia  Creich- 
toune  (who  was  alledged  to  have  borne  a  chylde  to  the  said  bishopp  in 
adulterye),  for  to  tell  the  truthe,  and  not  to  slander  the  saide  bishopp  un- 
justlye,  and  to  macke  her  declare  who  they  wer  that  suggested  her 
to  slander  the  bishopp  (shee  being  putt  too  it  for  to  confesse  the  facte, 
and  that  the  bishopp  was  guilty)  and  for  to  mantaine  her  in  prisone 
only  out  of  commiseration,  and  not  for  mantenance  of  that  chyld  as  was 
alledged :  But,  said  Mr.  Mathew,  To  what  ende  did  the  bishopp  give  money 
to  the  said  Aloisia  to  goe  to  England,  Ireland,  and  Holland,  and  two 
hundereth  merkes  at  evrye  tyme  that  he  gave  her  any  ;  specially  the  said 
bishopp  having  no  enemyes  to  questione  him,  but  rather  freendes  to  conceale 
the  facte ;  all  this  falling  out  befor  the  troubles  or  the  questioning  of  the 
bishopps.  This  accusatione  was  ex  superabundanti ;  for  the  bishopp  was  al- 
ready sentenced  and  his  facte  tackne  for  graunted  ;  so  it  was  past  by.* 

*  Note,  Reader :  That  the  woman,  who  did  accuse  the  bisliopp  of  Breichen  for  solhciting 
her  to  uncleannesse,  was  afterwards  putt  to  it  amongst  others  blackcoats,  some  six  in  number, 
for  to  poynt  at  the  man  who  had  lyen  with  her  ;  which  she  could  not  doe,  but  mistooke  an 
other  for  him,  although  the  bishopp  was  present  looking  on:  And  it  is  saide  that  in  ende  she 
confessed  freely  that  she  was  suborned  by  the  meanes  of  the  Earle  of  Hartfell  for  to  accuse 
the  bishop  of  Brechen  of  that  infamouse  cryme.  [The  earldom  of  Hartfell  was  not  created 
until  1643,  when  it  was  erected  in  favour  of  James,  the  first  Lord  Johnstone,  who  had  dis- 
tinguished himself  by  his  zeal  in  the  cause  of  the  Covenant.] 


More  ot 

Bishop 

VVhitefoord. 

Negotiation 

with  Lindsay, 

archbishop  of 

Glasgow. 

Sessio  16. 
December  y. 

Saturdaye. 


102 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  Ill- 


A.  D.  1638. 


Interpreta- 
tion of  the 
Confession  of 
Faitli.  Dio- 
cesan Episco- 
pacy abjured 
and  removed 
by  said  Con- 
fession. 


Her.after  the  moderator  proposed  the  reading  of  Mr.  Patrick  Lindseye, 
archbishop  of  Glasgow,  his  processe,  and  that  after  proofe  he  should  be 
censured.  But  the  Earle  of  Weems,  who  had  been  conferring  with  that 
arehbishopp,  desyred  that  some  tyme  might  be  graunted  for  to  use  meanes 
to  reclaime  him.  Weems  declared  in  the  bishops  name,  that,  against  his 
privatt  judgement,  and  being  pairtly  compelled  and  importuned  by  Mr. 
John  Maxwell,  bishop  of  Rosse,  and  others,  he  had  been  wonn  to  sub- 
scrybe  the  bishopps  Declinator.  This  moved  the  Assembly  for  to  appoynt 
some  of  ther  number  for  to  conferre  with  the  bishopp,  and  to  move  him  for 
to  give  that  under  his  hande  which  he  had  spocke  in  privatt  to  the  Earle  of 
Weems,  and  therwithall  a  subscrybed  subraissione  to  the  censure  of  the 
Assemblye  :  Yet  (albeit  it  was  thought  that  the  bishopp  was  unwilling  to  be 
excommunicate,)  all  that  negotiatione  with  him  proved  ineffectwall. 

LXV.  Argylle  therafter  desyred  to  be  heard  speacke  ;  which  being  wU- 
linglye  graunted,  he  tould  the  Assembly,  That  it  was  not  unknowne  to  them 
that  he,  being  one  of  the  Kinges  councellors,  behoved,  upon  Tewsday  next, 
be  in  Edinburgh,  ther  to  attende  the  councell  that  daye  ;  he  desyred,  befor 
his  parting  from  them,  he  might  know  the  Assemblyes  judgemente  and 
interpretatione  of  the  Confessione  of  Faithe,  that,  for  the  good  of  the 
churche,  he  might  macke  knowne  ther  rational!  and  just  procedurs  unto  the 
privy  councell ;  and  this  so  much  the  rather  he  pressed  because  he  saide 
he  knew  that  it  was  the  judgement  of  some  of  the  lordes  of  councell  that 
the  Generall  Assembly  wold  not  explaine  the  Confessione  of  Faithe  or 
Covenante.C)  This  request  was  secounded  by  the  Earle  of  Rothesse,  who 
saide  that  Argylles  desyre  was  both  laufull  and  necessair  to  be  gone  about, 
notwithstanding  of  all  the  other  aifairs  of  the  Assemblye.  The  Lord 
Lowdone  therafter,  to  that  pourpose,  made  a  long  speeche  ;  wherin  he  de- 
duced a  long  narratione  of  ther  proceedings  since  the  beginning  of  the  late 
troubles,  inveighing  against  the  churche  of  Scottlande  its  corruptiones ;  and 
that  the  sleighting  of  all  ther  supplicationes  made  to  the  councell,  comis- 
sioner,  or  King,  had  necessitate  ther  entring  into  a  Covenant  with  God, 
which  God  had  owned  by  bearing  it  through  all  oppositions,  and  moving 
the  Kings  heart  so  as  to  graunt  them  a  free  Assemblye  for  the  decisione  of 
all  thinges  questionable,  wherof  the  very  sence  of  ther  Covenant  was  one ; 
and,  therfor,  as  Argylle  had  done,  so  he  lyckways  desyred  that  it  might  be 
explained  :  First,  Because  many  who  had  tackne  it  did  thinke  that  the  Ser- 

(I)  [Records  of  the  Kirk,  p.  166.] 


Ch.  lxv.]  history  of  scots  affairs.  103 

vice  Booke,  Booke  of  Canons,  etc.,  might  subsist  with  it.  Second,  Because  A.  D.  1638. 
severall  of  the  lords  of  councell  and  sessione  had  subscrybed  it  with  ane 
explicatione,  it  was  needfull  to  lett  them  know  whither  they  war  tyed  by  ther 
subscriptione  and  explicatione.  Third,  Because  it  was  alledged  by  some  of 
the  followers  of  the  pretended  prelatts,  that  it  neither  excluded  novationes, 
ceremoneyes,  nor  offices  of  the  Inghshe  churche,  but  was  only  against 
papistes,  otherwayes  that  all  other  thinges  might  very  weall  stande  therwith, 
and  wer  not  abjured  by  ther  subscription  therof.  Fourth,  That  since  the 
ambigouse  sence  had  brought  men  for  to  subscrybe  it  diverslye,  viz.  some 
acording  to  the  Kinges  sence  therof,  others  acording  to  the  institutione  of 
it,  and,  lastly,  some  acording  to  the  present  professione  therof,  including 
all  corruptiones  introduced,  or  to  be  introduced,  he  thought  it  very  neces- 
saire  to  have  the  true  sence  of  it  knowne. 

Thes  reasones,  and  many  others,  moved  the  Assembly  to  conclude  that 
the  Covenant  should  be  explained  acording  to  the  tyme  of  the  institutione 
therof;  to  which  pourpose  the  Assembly  warranted  the  former  comittye 
for  to  draw  upp  the  explicatione  of  the  Covenant  formally  and  clearlye, 
without  any  ambiguitye  ;  which  they  undertooke.  Therafter  the  moderator 
readde  a  pairt  of  a  ministers  testament,  of  seventy-nine  years  of  age,  at 
Norwitch  in  England ;  wherin  he  declared  his  confessione  to  be  the  same 
with  the  church  of  Scottlande,  and  that  episcopacye  was  ane  antidote  worse 
then  the  poyson  itselfe,  and  that  all  the  particularityes  pertaining  to  episco- 
pacye wer  the  relickes  of  the  Antichristiane  beast  yet  unbanished  from 
amongst  us.  And  the  moderator  preferred  coppys  of  that  testamentary  de- 
claratione  to  all  that  desyred  it ;  but  who  that  minister  was  I  do  not  fynde 
mentioned  in  such  recordes  of  the  Assembly  as  have  come  to  my  handes  : 
It  seemes  to  have  been  presented  at  this  tyme  for  to  cleare  the  Assembly 
ther  judgement  concerning  the  sence  of  the  Covenant  in  some  measure,  and 
to  be  ane  apologeticke  prolouge  to  the  enswing  actes.  For,  when  this  paper 
was  readde,  the  moderator  arose  and  made  a  speeche  of  all  the  evills  that 
the  office  and  persones  of  bishopps  had  brought  into  the  churche  since  the 
Reformation;  shewing  ther  incomming  and  unlaufull  introductione ;  ther 
tyrranouse  increase  in  authoritye,  pryde,  and  ambitione ;  the  lamentable 
continowance  therof  without  any  grownde  in  Gods  lawe  or  the  lawes  of  the 
kyngdome :  The  first,  he  said,  was  proved  already  by  the  learned  labowres 
of  many  worthy  zeelouse  pastors  ;  and  the  second  he  offered  ther  presently 
to  shew  out  of  the  bookes  of  Assemblye  and  Parliament :    And,  acordingly, 


104  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  Mr.  Archbald  Jonston,  the  clerke,  did  reade  a  paper,(')  drawne  upp  by  the 
comittye,  wherin,  First,  Was  sett  downe  the  necessitye  of  this  declaratione 
and  acte  :  Second,  It  did  containe  all  the  actes  of  Generall  Assemblyes, 
from  1576  to  1596,  which  did  rejecte  episcopaeye  altogether,  and  all  the 
kynds  therof;  particularly,  it  was  therin  proved  from  actes  of  Generall 
Assembly  and  Parliament,  that  the  office  of  a  bishopp  was  never  ordained 
in  this  kyngdome,  although  ther  titular  dignityes  of  lordes  wer  allowed,  and 
stipendes  conforme  therunto  :  Third,  That  paper  did  containe  ane  ansuer 
to  such  objectiones  as  seemed  to  be  for  episcopaeye.  The  paper  being  reade 
and  examined,  the  moderator  thought  it  meet  for  to  put  the  matter  to  a 
vote,  and  to  state  the  questione  concerning  episcopaeye,  which  was  thus  : 
N.B.  Whither  or  not,  acording  to  the  Confessione  of  Faithe,  (first  published,  anno 
1580,  and  universally  sworne,  an7io  1581,  and  againe  renewed,  anrw  1590,) 
ther  be  any  other  bishopp  approved  of  in  this  church,  except  only  the  pastor 
of  a  particular  churche,  or  of  one  flocke,  to  whom  ther  is  no  trjoiSf/a  and 
power  graunted  over  his  colleagues  :  And  whither  or  not,  acording  to  the  re- 
ceaved  sence  of  that  Confessione  (as  it  was  swoi'ne  in  thes  yeares)  all  other 
sortes  of  episcopaeye  was  abjured,  and  now  for  that  cause  ought  to  be  re- 
moved. After  the  stating  of  the  question,  many  actes  wer  reade  de  novo, 
wherin  episcopaeye,  they  said,  was  condemned  ;  and,  last  of  all,  the  acte  of 
councell  past  this  yeare,  16.38,  which  was  the  declaratione  of  the  lordes, 
was  reade  in  confirmatione  of  thes  actes ;  and  the  moderator  saide  that  if 
N.B.  the  office  of  a  diocesan  bishopp  was  in  any  other  reformed  churche,  that  it 
was  by  tolleratione  and  not  by  ordinatione,  and  that  they  wold  not  ansuer 
for  any  other  churche  but  for  the  professione  and  confessione  of  ther  aune 
churche.  The  reading  of  all  thes  actes  and  proofes  was  so  pleasing  to 
Argylle,  that  he  declared  that  neither  the  comissionair  nor  himself,  nor  any 
of  the  prelatts  or  councellers,  ever  dreamed  that  ther  reasones  wer  so  rele- 
vaunt,  or  that  theye  could  have  proved  ther  assertiones  so  fullye,  formally, 
and  relligiouslye  as  now  he  had  heard  them  doe ;  and  he  wished  that  the  co- 
missioner  had  been  present  to  heare  it :  Furder,  he  assured  the  Assembly 
that  he  wold  relate  all  that  he  had  seen  and  heard  of  this  matter  unto  the 
councell.(*)  When  Argylles  speech  was  ended,  it  was  put  to  the  vote  in 
few  wordes  ;  the  affirmative  was   "  Abjured  and   Removed"  :  this  was  a 

(1)  [See  Records  of  the  Kirk,  pp.  28—32  ;  Historia  Motuum,  p.  234.] 
(2)  [See  Records  of  the  Kirk,  p.  168.] 


Ch.  LXVI.] 


HISTOBY  OF  SCOTS  AFFAIRS 


105 


tions  upon 
this  conclu- 


complexe,  and  in  the  negative  was  capable  of  two  ansuers  :    First,   Neither    A.  D.  1638. 
abjured  nor  removed  ;     Second,   Removed  but  not  abjured ;  for  the  third, 
viz.  abjuratione,  still  presupposed  ane  removall  of  episcopacy. 

LXVI.  The  King,  in  his  Large  Declaratione,*  complaines  upon  the  Reasonings 
iniquitye  of  this  manner  of  voting.  That  if  ther  power  had  been  laufull  they  ™-^  observa 
might  have  removed  episcopacy  and  Pearth  Articles ;  but  that  it  was  be- 
yond the  credite  of  any  rationall  man  for  to  beleeve  that  episcopacye  and 
Perth  Articles  (of  which  afterwardes)  wer  abjured  when  the  Confessione  of 
Faith  was  first  sworne  too :  Adde  to  this,  that  themselves  allowed  many,  in 
the  first  subscriptione  of  the  Covenant,  not  to  abjure  episcopacy  and  Pearth 
Articles  ;t  also,  that  many  ministers,  members  of  the  Assembly  of  Glasgow? 
had  sworne  at  ther  admission  unto  ther  benefices,  acording  to  the  actes  of 
Parliament,  and  actes  of  Generall  Assemblyes  provyded  in  that  case ;  And 
so,  by  swearing  that  thes  thinges  wer  abjured  in  the  first  Confessione,  that 
they  made  all  ministers  confesse  that  they  had  perjured  themselves  in  tacking 
the  other  oathe  of  conformitye  to  thes  pretended  innovationes. 

Yet,  (as  has  been  already  related,)  the  Assembly  founde  a  salve  for  this 
sore  ;  which  was  to  nullifie  the  sis  former  Assemblyes,  and  all  that  did  fol- 
low therupon  consequently  as  not  obligatorye  in  themselves  ;  so  that  the 
whole  Assembly,  without  scruple,  voted  in  downeright  termes  that  the  office 
of  a  bishopp,  which  differs  from  that  of  a  pastor  over  one  flocke,  acording  to 
the  true  meaning  of  the  Confessione  of  Faithe  was  abjurd,  and  that  therfor 
it  was  justly  removed,  and  to  be  removed  out  of  the  churche  of  Scottlande. 
Mr.  Andrew  Ramsey  (being  to  preache  the  next  day  and  so  absent  at  his 
studye)  sent  his  voice  by  wrytte,  fuUy  consonant  with  the  rest. 

Yet  this  vote  was  unsatisfactorye  to  manye,  by  reason  of  the  termes  that 
the  Confessione  had  been  subscrybed  in  :  For  if  they  tooke  it  in  an  unknowne 
sence,  then  it  was  not  sworne  in  judgement,  which  still  ought  to  bee  one  of 
the  great  circumstaunces  of  a  relligiouse  oathe  :  Or,  if  it  was  tackne  acording 
to  the  mynde  of  him  who  imposed  that  Confession,  anno  1580,  the  most 
knowing  saw  clearly  that  King  James,  who  imposed  it,  meand  not  the  abju- 
ration of  episcopacye,  nor  of  Perth  Articles  ;  for  he  made  it  his  maine  worke 
to  establish  them.  And  it  is  probable  that  the  Assembly  itselfe  thought  not 
ther  declaratorye  vote  sufficient  for  to  cleare  the  bussinesse  and  putt  it  out  of 

*   Large  Declaration,  pag.  324 

t  Vide  supra,  lib.  2.  [ch.  xxxviii.,  vol.  i.  p.  43.] 

O 


106  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.    controversye ;  which  appeared  too  manifestly  by  that  declaratorye  clause  which 

they  caused  subjoyne  to  the  Covenant  (of  which  yow  shall  heare  afterwards), 

and  ordered  all  who  had  formerly  subscrybed  it  for  to  subscrybe  it  anew, 

with  that  additione,  per  expressum.  That  they  subscrybed  it  acording  to  the 

Assemblyes  interpretatione.     For  to  tamper  thus  with  a  matter  of  so  great 

consequence  as  an  oath,  and  a  nationall  one  too,  was  for  to  play  with  ane 

edged  toole ;  as  the  event  since  that  tyme  has  saddly  verifyd  it. 

Mr.  Robert  LXVII.  And  howbeit  the  vote  went  faire  before  the  wynde  in  the  As- 

Bailey's  be-      semblye,  yet  ther  was  one  of  the  number  who,  fynding  himself  sett  fast  upon 

cernino-  this      ''^'^  rocke  presently  mentioned,   could  not  away  with  that  complexe  vote : 

question.   He    That  was  Mr.  Robert  Bailye  (whom  I  have  had  occasione  to  macke  mentione 

(3'™'^,^ "^ -u  ^'    ofbefor),  who,  whilst  the  vote  was  carrying  on,  "Removed  and  Abjured",  did 

the  materials     vote  expressly  "  Removed,  but  not  Abjured;"*  which  offended  many  of  the 

"ii     -""'"""  Assembly,  he  being-  looked  upon  for  his  zeale  as  one  of  the  most  fordwards  in 
Motuum.  •'  °  '     .  „        .  „ 

N  B.        ^^'^  Assembly,  and  for  his  learnmg  to  be  seconde  to  few,  if  to  any  ther,  and 

for  his  gravitye  and  piety  in  his  ministrye,  inferiour  to  none.  But  he,  know- 
ing that  all  the  actes  wer  particularly  to  be  read  and  voiced  too  againe,  had 
drawne  upp  a  supplicatione  to  the  Assembly  in  name  of  thoise  ministers  who 
befor  had  conformed  themselves  to  the  Fyve  Articles  of  Pearthe,  t  for  miti- 
gatione  of  that  acte,  at  least  that  it  might  receive  a  publicke  hearing  and 

*  Spang,  Historia  Motuum,  pngg.  234,  235.  ["  The  question,"  says  Baillie,  "  was 
formed  about  the  abjuration  of  all  kind  of  Episcopacy,  in  such  terms,  as  I  profess  I  did  not 
well,  in  the  time,  understand,  and  thought  them  so  cunningly  intricate,  that  hardly  could  I 
give  any  answer,  either  ita  or  non.  To  uiake  any  |>ublick  dispute  I  thought  it  not  safe, 
being  myself  alone,  and  fearing,  above  all  evils,  to  be  the  occasion  of  any  division,  which 
was  our  certain  wrack.  The  farthest  I  aimed  at  was,  in  voicing,  to  declare  shortly  my 
mind.  So  when  all  men  were  called  to  propone  what  doubts  they  had,  before  the  voicing,  I, 
with  all  the  rest,  was  as  dumb  as  a  fish.  When  it  came  to  my  name,  many  eyes  were  fixed 
on  me,  expecting  some  ojjposition ;  but  all  I  said  was.  That  according  to  the  express  words 
of  the  assembly  1580  and  1581,  Episcopacy  was  to  be  distinguished:  Episcopacy  as  used 
and  taken  in  the  Church  of  Scotland,  I  thought  to  be  removed ;  yea,  that  it  was  a  Popish 
error,  against  scripture  and  antiquity,  and  so  then  abjured  :  but  Episcopacy  simpliciter,  such 
as  was  in  the  ancient  church,  and  in  our  church  during  Knox's  days,  in  the  person  of  the 
superintendents,  it  was  for  many  reasons  to  be  removed,  but  not  abjured  in  our  Confession 

of  Faith If  I  had  considered  the  moderator's  stating  of  the  question,  as  now  it  stands 

in  print,  I  would  have  said,  without  any  hesitation,  as  my  voice,  that  it  seemed  to  me  to  be 
«X:/|kt»«5,  consisting  at  least  of  three  much  ditferent  questions,  all  which  required  much 

difterent  answers In  voicing,  many,   to  the  number  of  fifty  and  above,  and  some  who 

curiously  remarked,  did  avow  removed  Episcopacy,  but  said  nought  of  their  abjuration  ;  yea, 
sundry  of  prime  men  there  yet  will  avow,  that  they  never  thought  all  Episcopacy  abjured  in 

our  church If  any  man,  for  any  respect,  dissembled  his  judgement,  his  own  heart 

knows,  I  will  judge  no  man."     Letters,  vol.  i.  pp.  132,  133.] 

j-  Large  Declaration,  paj/i;.  324,  325. 


Ch.  LXVIII.] 


HISTORY  OF  SCOTS  AFFAIRS. 


107 


argwynge ;  which  the  reste  having  linowledge  of,  when  that  acte  came  to  be 
readde  and  voiced  to  againe,  one  of  the  lordes,  a  ruling  elder,  tampred  with 
the  clerke,  that  in  calling  the  list,  Mr.  Robert  Bailly  his  name  should  be 
omitted,  and  so  the  acte  passed  without  so  much  as  asking  his  voice,  who  had 
his  supplicatione  ready  when  he  should  be  called  upon  by  his  name,  but  per- 
ceiving that  the  omissione  of  his  name  was  pourposely  done,  he  made  no 
more  sturre  in  it,  as  doubting  what  the  consequence  might  bee,  in  caise  he 
stoode  pertinaciouse  in  the  defence  of  his  first  opinione.  Whither  or  not  he 
reasoned  the  matter  at  the  stating  of  the  questione,  such  as  have  gathred 
the  recordes  of  this  Assembly  which  have  come  into  mye  handes,  directly 
mentione  not.  Yet  Mr.  William  Spange,*  author  of  the  Covenanters  Large 
Manifesto,  called  Historia  Motuum,  has  sett  downe  the  reason  of  Mr.  Robert 
Baillyes  vote  to  the  full ;  which  he  mighte  weall  doe,  having  gottne  the  in- 
formatione  therof  from  Mr.  Robert  himselfe,  to  whom  lyckwayes  he  is  be- 
holding for  sending  over  to  him  unto  Campveer  the  most  considerable  part 
of  the  materialls  of  that  booke :  And  because  it  seemes  to  be  substantially  the 
same  with  Mr.  Robert  his  intended  supplicatione,  I  shall  willingly  tran- 
scrybe  it. 

LXVIII.  Mr.  Robert  Bailiye  mantained  that  episcopacye  ought  to  be 
distinguished ;  first.  Into  that  sort  of  episcopacye  which  some  did  then 
usurpe  contrar  to  the  mynde  of  the  churche  ;  to  which  kynde  of  episcopacye 
thes  who  mantaine  the  hierarchye  ascrybe,  and  to  it  alone,  a  perpetwall 
spii'itwall  preheminencye  and  primacye  of  dignitye  over  all  the  diocese,  to- 
gether with  the  whole  power  of  ordinatione  and  jurisdictione  :  This  kynde 
of  episcopacy,  (said  he,)  the  churche  did  condemne  and  abjure  in  its  Confes- 
sione ;  and  therfor  it  was  absolutly  to  be  removed  out  of  the  churche  as  ane 
popish  error,  unknown  to  Sacred  Scripture  and  pure  antiquitye  :  But,  (saies 
hee,)  ther  is  ane  other  kynde  of  episcopacye,  which  the  holy  fathers  used  in 
the  primitive  churche,  which  was  practised  in  the  office  of  superintendents 
in  Scottland  in  the  beginning  of  the  Reformatione,  to  which,  by  the  voluntare 
consent  of  the  ministrye,  a  certain  primacye  of  order,  a  primatus  a^iAx's,  was 
yeelded  :  This  sort  of  episcopacye,  albeit  he  thought  not  expedient  to  re- 
establish ;  yet  he  could  scarcely  bee  perswaded  to  thinke  that  it  was  abjured 
in  the  Confessione  of  Faithe :  He  said  that  ther  was  grownde  for  this  dis- 
tinctione,  in  the  formall  words  of  the  acte  of  the  Assembly  at  Dundee,  annu 


Mr.  Robert 
Bailey's  opi- 
nion ;  also 
Rutherford's 
and  Knox's. 


*  Spang,  ubi  supra.      [Historia  Motuum,  pp.  234 — 236.] 


108  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  1580,  and  reiterated  at  Glasgowe,  anno  1581  :  for  oftne  tymes  the  ofiBce  of 
a  bishopp  is  repeated  "  as  the  bishopps  use  it  now  in  this  kyngdome"  :  which 
since  it  is  the  manifeste  determinatione  of  the  subjecte,  viz.  episcopacye,  to 
that  first  kynde  of  bishopps  wherwith  the  church  was  then  vexed,  it  can- 
not be  extended  to  all  kyndes  of  episcopacye  simply  considdered  in  itselfe. 
Adde  to  this,  that  the  only  episcopacye  which  was  condemned  in  thes  Assem- 
blyes  was  that  forme  of  episcopacye  which  was  not  from  God :  But  from 
the  very  beginning  of  the  Reformatione,  it  was  the  constant  opinione  of  the 
churche  of  Scottlande  that  the  office  of  superintendents  was  not  in  itself 
unlaufull,  and  that  such  as  wer  called  rightly  by  the  churche  to  that  office, 
wer  called  by  God,  as  is  apparent  in  the  forme  of  ordinatione  of  superin- 
tendents,(')  printed  in  the  Psalme  Bookes,  and  in  John  Knox  Church  His- 
toryeW  also ;  For  the  last  questione  of  that  forme  is  in  the  wordes :  "  Acknow- 
ledge ye  not  that  the  dignity  of  this  office  to  the  lohich  God  has  called  yow, 
does  reqwyre  holyness  of  lyffe,  such  as  the  enemyes  of  the  evangile  may 
see"  ?(')  By  which  ansuer  of  his,  Mr.  Robert  Bailiy  strove  to  lett  it  bee  seen 
that  the  vote  was  a  complexe,  and  behoved  to  be  devyded  into  mor  braunches 
then  one,  which  is  knowne  to  logitians  to  be  ^axvimrnriy  ■,  for  he  saide  it  was 
one  thinge  to  enqwyre  and  vote.  Whither  any  other  sorte  of  bishopp  was 
then  allowed  into  the  Church  but  he  who  was  the  pastore  of  one  flock ;  and 
another  thing  to  putt  it  to  vote,  Whither  all  other  sorte  of  episcopacye  was 
abjurd  and  condemned  in  the  Confessione  of  Faithe.  And,  lastly,  that  ther 
was  latent  a  third  queree,  Whither  all  other  sorte  of  episcopacye  be  to  be 
now  removed  out  of  the  Churche.  But  Mr.  Robert  Bailiye  gott  no  body  to 
seconde  his  voice  nor  opinion  ;  all  the  Assembly  did  flattly  declare  against 
him,  that  episcopacye,  without  distinguishing  upon  the  kyndes  therof,  was 
abjurd  flattly  from  the  beginninge.  True  it  is,  that  Mr.  Sam  well  Ruther- 
ford, in  a  booke  of  his,*  wryttne  since  that  tvme,  as  he  shewes  his  talent 

(1)  [The  Forme  and  Ordour  of  the  Election  and  Admission  of  the  Superintendent:  which 
may  serve  in  electioun  of  all  uther  ministers.  At  Edinburgh  the  ninth  of  March  anno 
1560.     John  Knox  being  minister.] 

(2)  [The  Historie  of  the  Reformatioun  of  Religioun  within  the  Realm  of  Scotland,  b.  iii. 
pp.  289  et  seqq.     Edinb.    1644.] 

(3)  ["  Know  ye  not  that  the  excellencie  of  this  office,  to  the  which  God  hath  called  you, 
requireth  that  your  conversation  and  behaviour  be  such  as  that  ye  may  be  irreprehensible, 
yea,  even  in  the  eyis  of  the  ungodly  ?"] 

•  Samuel  Rutherfoorde's  Paules  Presbytrye.  [A  Peaceable  and  Temperate  Plea  for 
Pavls  Presbyterie  in  Scotland,  Or  a  modest  and  Brotherly  Dispute  of  the  government  of 
the  Church  of  Scotland.     By  Samuell  Rutherfurd  Professor  of  Divinity  at  Saint  Andrews. 


Ch.  LXIX.] 


HISTORY  OF  SCOTS  AFFAIRS. 


109 


mainly  in  coyning  new  distinctiones,  ill  to  be  understoode  for  the  most  pairt, 
and  in  severall  of  his  workes,  has  taught  us  the  airt  to  shredd  the  smallest 
haires,  so  in  this  poynte  concerning  superintendencye,  he  has  been  very 
helpfull  to  the  Assembly's  declaratione,  and  has  done  much  to  shew  Mr. 
Robert  Baillyes  needlesse  scrupulositye  in  his  vote :  For  Samuel  Ruther- 
foorde  tells  us  in  that  booke,  that  superintendencye  was  but  an  office  pro 
tempore  for  promovall  of  reformatione,  and  only  needfuU  for  the  churche 
(to  use  his  owne  langwage),  "  tiU  the  breestes  and  haire  of  the  churche 
wer  growne  :"(''  so  that,  acording  to  his  doctrine,  beside  the  Apostles  and 
Evangelistes,  ther  may  be  in  the  churche  laufull  officers,  from  God  too,  (for 
so  sayes  Mr.  John  Knockes  to  Mr.  John  Spottswood,*  whilst  he  admittes  him 
superintendent  of  Lothian,)  yet  thes  offices  must  cease  at  other  tymes,  and 
be  outed.  Belycke,  Rutherfoord  mackes  superintendents  analogicall  to 
nurses ;  or  to  thes  timber  supporters  and  frames  and  scaffolds  which  ma- 
sones  use,  by  the  helpe  wherof  they  joyne  arches,  and  raise  upp  walls  to 
height,  and  afterward  pull  downe  thes  frames  and  scaffolds  as  uselesse  :  Or, 
if  his  assertione  doe  not  implye  so  muche,  I  shall  leave  it  to  the  reader  to 
macke  of  his  assertione  what  he  pleasethe. 

LXIX.  How  soone  the  vote  declaring  episcopacy e  to  be  abjured  by  the 
Confessione  of  Faithe  was  closed  and  past,  the  moderator  made  ane  humble 
and  zealouse  speeche  of  thankesgiving  to  God  for  the  spiritt  of  vnitye  which 
he  had  lent  to  the  whole  Assembly,  in  a  matter  of  so  great  weight  and  con- 
sequence ;  wherin  it  was  saide  that  Maister  Archebald  Johnstoune,  clerke,  by 
his  discoverye  and  delyveringe  thee  bookes  of  the  Assemblyes,  and  the  lost 
registers,  was  a  speciall  instrument  under  God.  Yet  it  was  thought  that 
this  unitye  was  not  unexpected  to  the  moderator ;  for,  from  the  beginning  of 
the   Assembly,   and  long  befor  it  satte  downe,  such  as  wer  but  very  raw 

Lond.  1642.  The  greater  part  of  this  treatise  is  incorporated  in  its  author's  later  and  more 
elaborate  work,  The  Due  right  of  Presbyteries,  Or,  A  Peaceable  Plea  for  the  Government  of 
the  Church  of  Scotland.     Lond.  1644.] 

*   Ubi  supra,  [p.  108.] 

(I)  ["  In  the  tirst  constitution  and  infancy  of  our  Church  there  were  some  visitors,  and 
superintendents  for  planting  of  Churches,  because  breasts  and  haire  of  our  Churches  were 
not  growne,  after  tlie  example  of  tlie  Apostles,  who  sent  such  to  plant,  and  visit  Churches, 
and  appoint  Elders  in  Congregations,  Acts  S.  14,  15,  16.  Acts  13.  14,  15,  16.  Acts  14. 
23.  Tit.  1.  5,  6,  7,  8,  9,  Acts  21.  17,  18.  but  after  the  Church  was  planted  there  was 
no  need  of  such."  A  Peaceable  and  Temperate  Plea,  p.  311.  ch.  xx.  art.  2.  See,  on  the 
other  side,  Bishop  Sage's  Fundamental  Charter  of  Presbytery,  as  it  hath  been  lately  esta- 
blished in  the  Kingdom  of  Scotland,  Examin'd  and  Disprov'd,  By  the  History,  Records, 
and  Publick  Transactions  of  our  Nation,  pp.  119-166.     Lond.  1695.] 


A.  D.  1638. 


Witnesses 
sworn  against 
Bishops. 
Assembly's 
Act  concern- 
ing Episco- 
pacy, from 
the  printed 
Acts. 


110  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

prognosticators  did  confidently  fortell  that  the  Assembly,  constitute  of  such 
members  as  did  meete  ther,  would  infallibly  declare  to  the  full  against  the 
order  of  episcopacy e;  so  that  the  moderator,  at  the  opening  of  the  Assem- 
bly, it  was  thought,  might  have  prophecyed  that  which  now  was  elFectwated. 
After  all  this,  some  wittnesses  wer  sworne  against  such  of  the  bishops 
who  wer  next  to  be  staged,  and  then  the  Assembly  arose  ;  and  this  was  the 
ende  of  the  sessione  sixteenth. 

But  because  we  have  hearde  what  Mr.  Robert  Baillye  saide  for  him- 
selfe,  we  must  lyckwayes  looke  now  upon  the  reasone  of  the  Assemblyes 
vote  ;  which  is  sett  downe  at  lenth  in  the  printe  actes  of  the  Assemblye,* 
and  heer  only  abridged,  yet  nothing  omitted  of  the  substaunce  therof; 
which  is  much  to  the  pourpose  followinge :  First,  After  a  long  narrative 
(not  much  unlycke  the  Lord  Lowdons  reasones)  shewing  the  necessitye  to 
have  the  Confessione  of  Faithe  interpreted,  t  they  doe  laye  for  a  grownde 
the  wordes  of  the  Confessione  of  Faithe,  as  followeth  :  "  We  professe, 
that  we  deteste  all  traditions  brought  into  the  kirke  without,  or  against  the 
worde  of  God,  and  doctrine  of  this  reformed  kirke :  Next,  we  abhorre 
and  detest  all  contrary  relligione  and  doctrine,  but  cheiflye.  All  kynd  of 
papistrye  in  generall,  [and]  particular  heades,  as  they  wer  then  damned  and 
confuted  by  the  worde  of  God,  and  kirke  of  Scottlande,  when  the  said 
Confession  was  sworne  and  subscrybed,  atin.  1580.  and  1581.  1590.  and 
1591.  Thirdly,  That  we  detest  the  Roman  Antichryste,  his  worldly  mo- 
narchy, and  wicked  heararchye  :  Fourtly,  That  we  joyne  ourselves  to  this 
reformed  kirke,  in  doctrine,  faithe,  relligione,  [and]  discipline,  promising 
and  swearing  by  the  great  name  of  God,  that  we  shall  continow  in  the  doc- 
trine and  discipline  of  this  kirke,  and  defende  the  same  acording  to  our 
voactione  and  power,"  etc.  Now,  if  the  meaning  of  the  churche  be  con- 
siddered,  when  that  Confession  was  first  sworn,  it  will  be  founde  that  heerby 
episcopall  governement  is  abhorred  and  detested :  This  is  proved,  First, 
By  the  Booke  of  Policie,  J  agreed  upon  in  the  Assembly  at   Edinburgh, 

*  Print  actes  of  Glasgow  Assembly,  1638,  pagg.  19,  et  seqq.  [Records  of  the  Kirk, 
pp.  28-32.] 
t  See  print  actes,  pagg-  20,  et  seqq.  [Records  of  the  Kirk,  pp.  29-32.] 
X  Nota.  Yet  this  Booke  of  Policye  heer  mentioned,  and  ordained  to  be  subscrybed  by 
all  ministers,  is  a  booke  wholly  unknowne  to  the  most  pau-t  of  the  ministrye  ;  and  albeit  it 
be  registred  in  the  registers  of  the  Assembly,  yet  it  is  not  to  be  seen  in  printe,  by  the 
Assemblyes  warrant,  to  this  hour.  See  it  printed  verbatim  in  Spotswoods  Historye,  lib.  6. 
[pp.  289-302;  Calderwood,  pp.    102-116;  Booke  of  the  Uuiversall  Kirk,  pp.  333-564.] 


Ch.  lxix.]  history  of  scots  affairs.  Ill 

Apryle  twentie  foure,  1578,  et  eodem  anno,  October  twentie  foure  ;  A.  D.  1638. 
which  booke  is  ordained  to  be  registred,  by  the  Assembly  at  Glasgow, 
1581,  and  to  be  subscrybed  by  all  ministers  therafter,  by  acte  of  As- 
sembly, Edinburgh,  1590,  August  fourth,  and  July  second,  1591  ;  but 
specially  in  the  second,  third,  fourth,  sixth,  seventh,  eleventh  chapters  of 
that  booke.  Second,  The  Assemblye,  1575,  declared  the  name  of  a  bishopp 
to  be  common  to  evrye  one  that  hath  a  particular  flocke.  Third,  The 
Assembly,  1576,  censured  such  bishops  as  had  not  tackne  themselves  to 
particular  flockes.  The  conclusiones  of  the  booke  of  policye  wer  ratifyd 
finally  at  the  Assembly,  1578  ;  wher  lyckwayes  it  was  remonstrated  to 
the  Chancellor  and  Montrosse,  that  they  had  drawne  out  of  the  pure 
fountaine  of  Gods  worde  such  a  discipline  as  was  meete  to  remaine,  which 
was  the  booke  of  policye.  Fourth,  In  the  same  Assembly  also,  the  corrup- 
tions of  episcopacye  wer  sett  downe,  and  bishopps  craved  to  subscrybe  to 
proposalls  for  reformatione  therof,  which  wer  about  eight  in  number.  Fifth, 
The  Assembly  at  Dundee,  anno  1580,  abohshed  the  otfice  of  a  bishop,  by 
a  particular  acte,  as  wanting  all  foundament,  ground,  or  wan-ant,  in  Gods 
word.  Sixth,  In  the  same  Assembly,  1580,  session  tenth,  it  was  desyred  that 
the  booke  of  policye  might  be  established  by  acte  of  privy  councell  till  a 
parliament  might  be  holden.  And  the  acte  made  at  Dundee,  its  extente 
was  interpreted  in  Glasgow  Assembly,  1581,  session  sixth,  wher  by  the  office 
of  bishop  they  declare  that  they  understande  the  whole  estate  of  bishops 
as  they  are  now  in  Scottlande  used.  Seventh,  The  Kings  Comissioner 
presented  to  this  Assembly  the  Confession  of  Faith,  subscrybed  by  the 
King,  and  his  housholde,  with  a  plott  of  presbyti-yes  to  be  erected; 
which  he  offered  to  asiste  the  promovall  of  by  his  letter  ther  presented. 
Eighth,  At  this  Assembly  ther  was  an  ordinance  past  to  register  the 
bookes  of  policye,  and  presbytryes  for  to  tacke  coppyes  therof;  and  [at]  the 
forsaide  Assembly,  the  Confession  of  Faith  subscrybed  by  the  King  is 
homologated  by  the  Assembly.  Ninth,  In  the  Assembly  at  Edinburgh, 
1581,  Mr.  Robert  Montgomery,  who  teached  that  disciplin  was  ane 
indifferent  thinge,  is  ordained  to  be  charged  not  for  to  media  with  the 
bishopricke  of  Glasgow,  as  an  office  contrare  unto  Gods  worde,  and  that 
under  paine  of  excommunicatione.  This  Assembly  lyckwayes  did  renew  the 
comissione  for  erectione  of  mor  presbytryes,  and  it  did   acknowledge  that 

It  was  of  Mr.  Andrew  Melvills  framing.     It  was  pairtly  approved  and  pairtly  rejected  by 
the  parliament  at  Stirling,  anno  1578. 


112  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

the  estate  of  bishops  was  condemned.  Tenth,  In  the  Assembly,  Apryle, 
1582,  Mr.  Robert  Montgomery  was  warranted  to  be  excommunicate,  except 
he  leave  off  the  episcopall  functione  ;  which  was  done  acordingly  by  him,  be- 
cause he  refoosed.  Eleventh,  [In  the]  Assembly  at  Edinburgh,  1582,  pres- 
bytryes  got  comissione  to  trye  and  censure  bishopps;  and,  session  nineteenth, 
they  declare  that  no  bishop  may  sitt  upon  councell  in  name  of  the  churche. 
Ticelfth,  The  Assembly,  1586,  declared  that  pastors,  doctors,  and  elders 
had  vote  in  Generall  Assemblyes.  Second,  That  the  name  of  bishop  is 
common  to  all  pastors  and  ministers.  Thirteenth,  [In]  the  Assembly,  1587 
Mr.  Robert  Montgomerys  admissione  to  the  temporalitys  of  the  bishopricke 
of  Glasgow  is  ordained  to  be  undone.  And  that  same  Assembly,  by  ther  let- 
ter to  the  King,  reject  Mr.  Robert  Fonts  presentatione  to  the  bishopricke 
of  Catnesse,  as  to  an  office  unagreable  with  Gods  worde.  Fourteenth,  [In 
the]  Assembly,  1.590,  it  was  ordained  that  the  booke  of  policye  should  be  sub- 
scrybed  by  all  intrant  ministers,  under  paine  of  excommunicatione.  And  this 
forsaid  acte  was  renewed  in  the  Assembly,  1591,  and  a  penaltye  imposed 
upon  the  moderator,  in  caise  it  be  neglected.  Fifteenth,  In  the  Assembly, 
Maye  twentie  second,  1592,  session  second,  thes  articles  wer  drawne  upp,  viz. 
That  the  actes  of  parliament,  made  1584,  against  the  discipline,  liberty,  and 
authority  of  the  kirke  be  annulled  ;  kirke  discipline  be  ratifyde  ;  and  abbotts, 
pryors,  and  prelatts  pretending  the  title  of  the  kirke  be  not  suffered.  [In]  ses- 
sion eleventh,  the  number  of  presbytryes  wer  givne  upp  and  insert.  In  parlia- 
ment, June  fifth,  1592,  all  the  libertys  of  the  churche  and  her  severall  judi- 
catoryes  wer  ratifyd  largely,  and  all  contrare  actes  wer  abrogated :  The 
Kings  praerogative  declared  not  to  be  praejudiciall  to  the  same  preveleidges 
grounded  upon  Gods  worde  ;  the  former  commissions  to  bishopps,  1584, 
rescinded,  and  all  ecclesiasticall  matters  subjected  to  presbytryes,  acording 
to  the  discipline  of  the  churche.  Anno  1595,  the  booke  of  policye  [is]  ratifyde 
and  ordained  to  be  printed.  Sixteenth,  Episcopacye  is  condemned  in  thes 
wordes  of  the  Confession,  his  wiked  hierarchye.  For  the  popish  hierarchy 
consisteth  of  bishops,  presbyters,  deacons,  id  est,  baptising  and  preaching  dea- 
cons: So  determinsthecouncelof  Trent,  cap.  A,  De  Sacramento  ordinis,  can.  6. 
Si  quis  dixerit,  in  ecclesia  cathoUca  non  esse  hierarchiam  divina  ordinatione 
institutam,  quae  constat  ex  episcopis,  presbi/teris  et  ministris  ;  anathema  sit. 
So  lyckwayes  sayes  Bellarmine,  De  Clericis,  cap.  1 1 :  Tres  sunt  hierarchiae 
in  ecclesia  militante,  (sayes  hee,)  prima  jMntificum,  id  est,  episcoporum,  secun- 
da  sacerdotum,  tertia  diaconorum;  atque  hi  diaconi  licet,  comparati  ad  sacer- 


ch.  lxx.]  history  of  scots  affairs. 


113 


ilotes,  xiiU  ministri,  ad  plfbem  famen  comparati  sunt  principes  et  praesules:  A.  D.  1638. 
This  propositione  following ;  Hierarchia  ecclesiastica  constat  ex  pontifice, 
cardinalibus,  archiepiscopis,  epitcopis  et  regularihus,  was  censured  by  the 
Facultye*  of  Theologye  in  the  Universitye  of  Parise,  as  foUoweth  :  In  ista 
prima  propositione,  enumeratio  membrorum  hierarchiae  ecclesiasticae  sen 
sacri  principatus,  divina  ordinatione  instituti,  est  manca  et  redundans,  atque 
reducens  in  errorem  contrarium  determinationi  sacrae  Si/nodi  Tridentinae : 
The  propositione  was  defective,  because  it  omitted  presbyters  and  deacons  ; 
and  it  was  censured  as  redundant,  because  it  made  the  hierarchic  to  consiste 
of  the  pope,  cardinalls,  archbishopps,  and  regulars  ;  the  pope  is  not  within  the 
hierarchic,  and  primats,  metropolitans,  and  archbishopps,  but  as  they  are 
bishopps.  Seventeenth,  Finally,  this  hierarchy  is  called  his  hierarchy  in  the 
Confessione,  id  est,  the  popes  ;  not  that  ther  is  a  laufuU  hierarchy  contradis- 
tincte :  But  because  the  hierarchy,  whersoever  it  is,  is  called  his,  as  other 
popish  corruptions  are  called  his :  viz.,  such  as  invocatione  of  sainctes,  dedi- 
cation of  altars,  are  called  his,  not  that  ther  is  another  laufull  invocation  of 
sainctes,  dedication  of  altars,  etc.  Lyckwayes,  this  hierarchy  in  the  Confes- 
sione is  distinguished  from  the  popes  monarchy  e. 

Finalise,  The  second  Booke  of  Discipline,  in  the  end  of  the  second 
chapter,  does  agree  upon  this  conclusione  :  All  titles  in  the  kyngdome  of 
Antechryste,  and  in  his  usurped  hierarchye,  which  are  not  either  pastors, 
doctours,  elders,  and  deacons,  together  with  the  offices  depending  therupon, 
in  one  word  ought  to  be  rejected. 

LXX.  Upon  the  hearing  of  thes  reasones  and  warrants  reade  in  the  Vote  about 
Assemblye,  they  did  unanimously  vote  without  contradictione   of  any  one  pJt^^°Pg%„j 
(for  Mr.  Robert  Baillyes  voice  was  not  sought  any  mor  in  this  particulaire),  time.     Mr. 
That  all  episcopaeye  different  from  that  of  a  pastour  over  a  particular  flocke,  ^j^.)^'^  ^'f  ^f^^' 
was  abjured  in  this  kirke,  and  to  be  removed  out  of  it.     Therfor  they  did  Hamilton 
prohibite,  under  ecclesiasticall  censure,  anye  to  usurpe,  accept,  defende,  or  Fibhshes  a  de- 

'^  ,       .         ,         „  .  .  claration    con- 

obey  the  praetended  authority  theroi  m  any  tyme  commmge.  cerning  Episco- 

The    Marquesse   of  Hamiltoune,  comissionair,   who  was  sojourning  at  pacy,  contrary 
Edinburgh  whilst  thes  things  wer  a  doing,  upon  the  hearing  of  the  synod  Assembly! 
of  Glasgow  ther  interpretatione  of  the  Covenant,    in  a  sence  destructive  Substance 
unto  episcopaeye,  did  instantly,  with  the  asistaunce  of  some  of  the  bishops,    ''"^°  ' 
publish  a  declaratione  contrary  to  ther  acte ;  wherby  he  declared  that  epis- 

•  Censura  propositionum  quarundam  ex  Hibcrnia  delatarum  per  sacrani  fecultatem  Theo- 
logiae  Parisiensis  facta. 


114  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

copacye  was  not  abjured  in  the  Negative  Confessione  ;  and,  therfor,  did  ex- 
pressly prohibite  all  loyall  subjectes  to  subscrybe  it  in  such  a  sence.  This  de- 
claratione  of  his,  first  printed  at  Edinburgh,  and  after  by  the  Marquesse  of 
Huntlye  his  directione  at  Aberdeene,  for  substance  did  proporte  :(')  First, 
That  all  oathes  are  to  be  tackne  acording  to  the  meaning  of  thes  who  give 
the  oathe,  but  that  neither  King  James,  nor  King  Charles,  nor  himself  as 
comissioner  for  King  Charles,  who  had  warranted  that  oathe  to  be  tackne, 
did  ever  any  way  insinuate  the  abjuration  of  episcopacye  by  that  oathe  as 
unlaufull ;  and  that  because,  Jirst,  it  was  not  to  be  imagined  that  the  King 
would  have  any  to  sweare  anc  unlaufull  oathe  ;  which  they  behoved  to  doe  if 
they  did  abjure  episcopacye,  it  being  established  by  lawes  of  church  and 
kyngdom,  except  they  first  proved  episcopacy  to  be  contrary  to  Gods  lawe. 
Now,  if  any  should  affirme  that  the  actes  of  Parliament,  by  which  it  was  in- 
troduced, wer  unlawfully  and  undwly  obtained ;  then  they  ought  to  remon- 
strate ther  reasons  to  thes  judicatory es,  that  the  actes  in  favour  of  episco- 
pacye might  bee  repealed,  if  any  reason  wer  founde  in  their  alledgance : 
But  for  any  to  hold,  that  constitutions  established  by  standing  lawes  may  be 
abjured  befor  they  be  formally  repealed  by  these  judicatoryes,  is  a  wicked 
positione,  and  destructive  of  the  very  foundatione  of  justice,  both  in  church 
and  commonwealthe. 

Second,  This  oathe  obleidgeth  not  the  now  tackers  therof  furder  then 
it  did  the  first  tackers  therof :  for  doctrine  and  poyntes  of  faith  it  did  ob- 
leidge  them  then,  and  us  now,  perpetwally,  because  thes  poynts  are  perpetwall 
and  immutable.  But,  for  poyntes  of  discipline  and  governement,  the  oath 
could  obleidge  no  longer  then  that  discipline  and  governement  should  stand 
in  vigour  by  lawes  of  this  church  and  kyngdome  :  Now,  it  is  certaine  that  the 
church  of  Scottland,  art.  20  et  21  of  her  positive  Confessione,  declareth 
thes  thinges  alterable  at  the  will  of  the  churche,  and  so  repealable  by 
succeeding  actes,  if  the  churche  fynde  cause.  Thus,  a  King  and  a  judge 
swearing  for  to  administer  governement  acording  to  standing  lawes  at  ther 
admissione,  that  oath  byndes  them  no  longer  then  thes  lawes  to  which  they 
sweare  doe  stande  laufuUy  unrepealed.  Since  therfor  if  the  first  tackers 
of  that  oath  wer  alyve,  they  could  not  be  saide  to  have  abjured  episcopal! 
governement,  which  has  been  since  established,  specially  if  we  considder 
that  the   church   in   her  Confessione  holds    thes  thinges   alterable  at  the 

(1)  [It  will  be  found  in  the  King's  Large  Declaration,  pp.  327-337.] 


Cu.  LXX.]  HISTORY  OF  SCOTS  AFFAIRS.  115 

will  of  the  churche ;  then  it  must  follow  that  we  repeating  that  oathe,  can- 
not be  said  to  abjure  that  governement  now,  mor  then  they  could  be  saide  to 
doe  it  if  they  wer  alyve  and  repeating  the  same  oathe. 

Third,  The  Kings  commanding  the  subscriptione  of  the  Covenant  in  the 
same  wordes  and  syllables  that  the  Covenanters  have  reqwyred  ther  asso- 
ciats  for  to  tacke  it,  cannot  prove  that  heerby  episcopacye  is  by  his  com- 
mand abjured  mor  then  by  ther  swearinge :  But  so  it  is,  they  declared  epis- 
copacy not  to  be  abjured  by  the  Covenant  to  many  of  ther  associats  who 
could  not  be  brought  to  subscrybe  the  Covenant  till  it  was  first  protested  to 
them  that  episcopacye  was  not  abjured  therby ;  as  also  other  thinges  esta- 
blished by  lawe.  And  the  three  ministers,  in  ther  [first]  answers  to  the  Doctors 
of  Aberdeens  Qwerees,  declare  that  episcopacye,  for  the  present,  is  not  ab- 
jured but  referred  to  the  tryallof  a  free  General  Assemblye  :  Lyckwayes, 
such  as  adhere  to  the  protestatione  against  the  Kinges  proclamatione,  ninth 
of  September,  in  the  ninth  reason  against  the  subscriptione  urged  by  his 
Majestye,  doe  plainly  averre,  that  this  oathe  urged  by  the  kinge,  doeth 
obleidge  the  tackers  thereof  to  mantain  Pearth  Articles  and  to  man- 
tain  Episcopacy.  But  that  several  men  swearing  the  same  wordes  and 
syllables  should  be  said  to  sweare  in  several  sences,  passeth  the  capacitye  of 
ordinar  understandings  to  considder  how  it  may  be  done. 

Fourth,  It  is  a  received  maxime,  that  oathes  ministred  to  us  must  either 
be  refoosed,  or  tackne  acording  to  the  knowne  mynde,  and  professed  inten- 
tione,  and  expresse  commande  of  the  authority  urging  them  :  Whiche  even 
the  protesters,  totidem  verbis,  in  the  place  above  cited  mantaine.  But  it  is 
weall  knowne  that  the  King  avowes  the  upholding  of  episcopacy  in  his  three 
kvngdomes ;  which  the  protesters  lyckwayes  acknowledge  in  the  place  above 
citted.  Whence  it  appeares  that  episcopacye  neither  being  removed  nor  sus- 
pended by  his  Majestys  declarations,  as  other  things  wer,  it  will  follow 
that,  in  the  judgement  of  thes  protesters,  the  Kinge  did  no  waye  intend  to 
have  episcopacye  abjurd  by  that  oathe.  Now,  since  both  major  and  minor, 
(as  far  as  relates  to  episcopacye)  ar  both  acknowledged,  how  can  the  King 
be  thought  to  have  caused  episcopacye  to  be  abjured  ?  specially  since  the 
protesters  themselves,  in  that  place  above  citted,  by  a  dilemma  which  them- 
selves must  ansuer,  have  averred  that,  when  that  acte  of  councell,  anno 
1581,  should  come  out,  yet  that  it  coulde  not  be  inferred  from  thence  that 
any  such  thing  was  abjured. 

Fifth,  If  that  acte  of  councell  be  tackne  in  that  sencelesse  sence  that  they 


116  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  urge,  [yet]  it  will  not  appearethat  episcopacy  was  abjured  when  the  oath  was 
first  administred :  Since  the  very  wordesof  that  Confessione  are,  "  receaved, 
beleeved,  defended  by  many  and  sundry  notable  kirkes  and  realmes,  but 
cheifly  by  the  kirke  of  Scottland,  the  King's  majesty,  and  three  estates 
therof,  as  Gods  eternall  truthe,"  etc.  But  at  that  tyme  bishops,  abbots,  and 
pryors,  made  up  the  third  estate  of  the  realme,  which  gave  approbatione  to 
the  Confessione  of  Faith  :  therfor  it  is  not  to  be  conceived  that  this  third 
estate  did  abjure  episcopacy.  If  it  be  objected  that  it  was  repealed  by  actes 
of  Generall  Assemblye,  and  qwytte  abolished,  yet  it  is  replyed,  that  it  was 
not  abrogated  by  any  acte  of  parliament ;  but,  on  the  contrary,it  was  in 
force  by  many  actes  of  parliament,  because  none  of  them  wer  repealed. 
Now  it  is  not  to  be  hoped  that  in  a  monarchy,  or  any  weall  constituted 
commonwealth,  that  Jeswiticall  position  shall  ever  tacke  place,  That  what  is 
enacted  by  a  monarch  and  his  three  estates  of  parliament,  shall  ever  be  held 
repealed  or  repealable  by  any  ecclesiasticke  nationall  synode. 

For  thes  reasones,  the  comissioner  reqwyred  all  who  tooke  the  oathe  for 
to  tacke  it  in  no  other  sence  but  such  as  he  declared,  and  by  no  other 
authoritye  but  of  thes  who  wer  delegated  by  the  King  for  that  ende. 

That  episcopall  jurisdictione  was  in  force  by  actes  of  parliament,  and 
no  wayes  abolished  nor  suppressed,  anno  1580,  nor  at  the  tyme  of  refor- 
matione  of  relligione  within  the  realme  of  Scottlande,  the  comissioner  by 
his  declaratione  proved,  by  instances  of  the  following  actes  of  parliament : 

First,  In  the  parliament,  1567,  cap.  2,  wher  the  popes  authority  was 
abolished,  it  is  enacted.  That  no  bishop,  nor  other  prelate  in  this  realme,  use 
any  jurisdictione  in  tyme  comming  by  the  popes  authoritye.  Et  ibid,  act 
3,  it  is  ordained.  That  all  actes,  not  agreing  with  Gods  worde,  and  contrary 
to  the  Confessione  of  Faithe,  approved  by  the  estates  in  that  parliament,  to 
have  no  effecte  nor  strenth  in  tyme  to  come.  Whence  it  is  cleare,  that  epis- 
copacye  was  not  condemned  by  Gods  worde,  but  only  bishops  ordained 
not  to  exerce  ther  functione  by  the  bishop  of  Romes  authoritye.  All 
which  is  yet  furder  cleared  by  the  sixth  acte  of  the  saide  parliament,  rati- 
fyde  parliament  1579,  cap.  68,  which  does  intimate,  that  they  did  not  at 
that  tyme  innovate  or  chaunge  any  thinge  in  that  policye  they  founde  in  the 
churche  befor  the  reformatione,  nor  did  exclude  any  from  ther  communion 
who  owned  ther  confessione. 

Lyckwayes  the  King,  albeit  at  his  coronatione,  by  oath,  he  be  obleiged 
for  "  to  mantaine  the  trwe  relligione,  preaching  of  the  worde,  and  dwe  admi- 


Ch.  lxx.]  history  of  scots  affairs.  117 

nistratione  of  the  sacraments";  yet  is  he  not  sworne  to  any  innovation  of  A.  D.  1638. 

church  policye  or  discipline.  

Second,  [These]  subsequent  actes  of  parliament  show,  that  by  the  munici- 
pal! lawes  of  Scottland,  archbishops  and  bishops  wer  not  only  allowed  in  the 
church,  but  had  jurisdictione  and  authoritye  to  governe  the  same. 

First,  Acte  24  of  the  saide  parliament,  ratifies  "  all  civill  preiveleidges 
graunted  by  the  Kings  predecessors  to  the  spiritwall  estate " :  the  lycke 
[does]  acte  35,  parliament  1571,  wher  all  actes  in  their  favours  are  ratifyde. 

Second,  Acte  46,  parliament  1572,  warrants  bishops  to  depryve  all  in- 
feriour  ministers,  who  shall  not  subscrybe  the  Confessione  of  Faithe,  and 
tacke  the  oathe  of  alledgance. 

Ibid.  Acte  48,  bishops  are  declared  to  have  authoritye  in  the  designa- 
tione  of  ministers  gleebs. 

Ibid.  Acte  54,  bishops  [are]  appoynted  at  ther  visitationes  for  to  nominate 
persones  to  sett  thetaxatione  for  upholding  churches  and  churchyard  dykes, 
and  to  conveen  and  trye  persones  who  embeasle  timber  or  stones  belonging 
to  the  churche. 

Parliament  1579,  acte  69,  the  jurisdictione  of  the  churche  defyned  ; 
yet  no  other  church  oificers  allowed,  but  such  as  wer  allowed  by  former 
actes  ;  but  archbishops  and  bishops,  intended  to  continow  in  authoritye, 
[as  is]  proved  [by  these  acts  following.] 

First,  Acte  71,  parliament  1579,  persones  returning  from  travell,  are 
appoynted,  within  twenty  dayes  of  ther  returne,  to  passe  to  bishop,  superin- 
tendent, or  churche  comissioner,  and  ther  give  a  confessione  of  ther  faithe. 
And  thes  actes  are  ratifyd,  acte  99,  parliament  1581. 

Parliament  1584,  acte  130,  all  men  are  forbiddne  to  seeke  the  dimi- 
nution of  the  dignitye  and  authoritye  of  the  three  estates  of  the  kyngdome, 
under  paine  of  treasone. 

Ibid.  Acte  131,  all  judgements  and  jurisdictiones  for  twenty-four  yeares 
preceeding,  not  approved  by  the  King  and  three  estates,  are  discharged. 

Ibid.  Acte  132,  bishops  appoynted  to  trye  ministers  upon  crymes  merit- 
ing depravatione :  the  lycke,  ibid,  acte  133. 

Parliament  1587,  acte  23,  all  actes  concerning  the  churche  and  its 
preveleidges  are  ratifyde. 

Parliament  1597,  acte  231,  ratifies  titles  and  immunityes  graunted  to 
prelats ;  and  declares  them  the  third  estate ;  and  that  ministers  whom  his 
Majesty  shall  provyde  to  the  title  and  office  of  a  bishopp,  shall  have  vote  in 


118 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


Assembly's 
Answer  to 
Hamilton's 
Declaration. 


parliament ;  and  that  act  wall  ministers  shall  only  be  provyded  to  such  vaking 
places. 

Parliament  1606,  act  2,  restores  the  estate  of  bishopps  fully,  who  are 
said  there  to  have  been  almost  fully  subverted  by  the  acte  of  annexatione  ; 
and  it  does  declare  that  neither  did  King  nor  estates  ever  meane  to  subverte 
them. 

Parliament  [1609]  acte  6,  archbishopps  and  bishopps  are  fully  restored 
to  whatever  was  theirs,  etc. 

Parliament  1617,  archbishops  and  bishopps  are  ordained  to  be  elected 
into  ther  places  by  ther  chapters,  and  to  be  consecrated  by  the  rites  and 
order  acustomed,  and  no  otherwayes. 

LXXI.  This  was  the  summe  of  Hamiltons  Declaratione,  published  about 
the  time  of  the  Assembly,  which  the  Covenanters  had  not  leisour  to  ansuer 
till  the  Assembly  ended  :  After  which  tyme  ther  came  forth  ane  ansuer  therto, 
"  Revised  acording  to  the  ordinance  of  the  Generall  Assembly,  by  Mr.  Arch- 
bald  Jonston,  clerke  thermito,  Edinburgh,  February  fourteenth,  1639,"  which 
is  very  long  and  voluminouse ;  nor  shall  I  trouble  the  reader  with  any  thing 
but  the  materiall  pairtes  therof.  True  it  is,  that  Mr.  William  Spang,  in 
his  Historia  Motuum,  who  settes  downe  the  declarations  as  short  as  he  can, 
and  the  Covenanters  ansuers  in  a  disproportionable  lenthe,  has  printed 
ane  ansuer^)  somewhat  diflferent  from  that  which  Mr.  Archibald  Jonston 
caused  printe  ;  as  any  will  perceave  who  compares  them  together,  Spangs 
being  mor  elaborate,  and  beer  and  ther  interwoven  with  cittationes  of  fa- 
thers and  church  historye  ;  so  that  it  is  no  hard  matter  to  guesse  that  his 
informer  had  a  linger  in  it.  But,  passing  that  floorish  made  to  straungers  in 
Spangs  Latine  narratione,  I  must  relate  that  which  was  ansuered  at  home, 
with  the  Kinges  animadversiones  therupon  ;(2)  for  he  declares  that  it  did  de- 
serve no  just  replye,  because  nothing  contained  in  the  live  reasones  wer 
therby  weackned.  The  introductione  is  very  long,  and  is  a  recapitulatione 
of  things  past,  almost  and  much  to  the  tune  of  the  ordinar  proems  of  ther 
protestationes.  Ther  is  one  passage  in  it  which  the  King  markes  with 
an  asteriske  :  they  say  that,  "  In  obedience  to  his  {viz.  Gods)  divyne 
commandement,  conforme  to  the  practise  of  the  godly  in  former  tymes,  and 
acording  to  the  lawdable  example  of  ther  relligiouse  progenitors,  warranted 


(1)  [Historia  Motuum,  pp.  241—203.] 

(2)  [The  Assembly's  Answer  to  Hamilton's  Declaration  is  inserted,  along  with  the  King's 
marginal  commentary,  in  the  King's  Large  Declaration,  pp.  337 — 363.] 


Ch.  lxxi.]  history  of  scots  affairs. 


119 


bv  actes  of  councell,   they  did  againe  renew  ther  Confessione  of  Faithe,"    A.  D.  1638. 
etc.     To  this  the  Kingreplyes,  that,  "  Ther  is  no  divynecommandement  in       ~^~^ 
Scripture,   nor    example   of    the   Christian    churche,   for  subscrybing  any 
Confessione  withont  the  consent  of  the  supreme  magistrate,  if  he  be  a  Chris- 
tiane." 

First,  They  except  that  this  declaratione  is  made  by  the  Kings  comis- 
sioner,  and  not  by  the  lordes  of  the  councell,  who  should  interpret  ther 
oune  acte :  but  the  councell  doe  distinguish  in  ther  acte  betuixt  relligione 
as  it  was  then,  anno  1580,  and  now,  anno  1638. 

To  this  the  King  replyes,  that,  "  The  lordes  of  councell  did  tacke  and  wer 
to  tacke  this  oathe,  as  weall  as  any  other,  in  the  known  sence  of  us  who 
commanded  it ;  and,  therfor,  any  acte  of  councell  for  ther  explanatione  was 
unnecessarve  ;  and  it  is  unjustly  aifirmed  that  this  declaratione  or  explana- 
tione was  made  by  our  comissioner,  for  it  was  made  by  us,  but  published 
bv  him  at  our  commandement,  as  is  plainly  expressed  in  the  title  of  it." 
Thes  are  the  Kinges  wordes. 

Second,  They  saye,  that  albeit  the  King  had  not  intended  to  raantaine 
the  relligion  as  profest,  anno  1580,  yet  was  his  intentione,  by  causing  tacke 
that  oathe,  for  to  cause  mantaine  true  relligione  in  its  puritye  ;  wherunto  as 
praejudiciall  episcopacye  was  ever  condemned  ;  as  also  because  the  corrup- 
tions now  received  in  this  kirke  are  contrai-ye  to  Gods  worde.  The  King 
replyes,  "  But  when  shall  they  be  proved  to  be  contrary  to  the  word  of  God  ?" 

Third,  They  will  have  us  to  distinguish  betuixt  oathes  tendred  by  the 
first  framers  of  the  Confessione,  the  whole  kirke,  who  have  power  for  to 
interprete  and  explaine  the  same,  and  oathes  reqwyred,  to  be  renewed  by  the 
supreme  Magistrate,  who  as  custos  utriusque  tabulae,  and  a  true  sonne  of 
the  kirke,  ought  to  receave  the  [true]  meaning  of  the  kirke,  and  cause  his 
subjectes  receave  it :  And  that  his  Majestye  cannot  be  understood  to  be  fram- 
ing a  new  Confession  of  Faith,  but  renewing  the  old  as  it  was  in  anno  1580. 

The  King  replyes,  First,  that,  "  They  themselves  doe  know  that  this  Con- 
fession was  not  framed  at  first  by  the  churche  as  the  positive  Confessione  was, 
but  by  one  Mr.  Johne  Craige,  and  commanded  by  the  authoritye  of  the  Kings 
father ;  he  did  advyse  with  the  churche  concerning  it,  but  they  receaved  it 
from  him,  not  he  from  them."  Secondly,  "  That  the  supreme  Magistrate 
should,  as  the  sonne  of  the  churche,  only  receave  the  meaning  of  the 
churche,  and  cause  it  to  be  receaved  by  his  subjectes,  is  not  only  the 
Jesuitical!  tenet  but  ther  very  wordes  and  syllables,  and,  as  they  are  alleadged 


120  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  163S.  heer,  very  false,  for  the  greatest  pairt  of  this  Confessione  containeth  not 
matters  of  faithe,  but  of  goverment,  discipline,  and  ceremonyes  :  besyde, 
this  Confessione  was  first  enjoyned  by  King  James  and  his  councell,  befor 
it  was  approved  by  the  churche :  how  then  King  James,  if  he  wer  now 
living,  should  receave  the  meaning  of  it  from  the  churche,  after  he  had 
subscrybed  it,  and  commanded  his  houshold  to  doe  so ;  or  how  he  (viz. 
King  Charles)  should  now  receave  the  meaning  of  it  from  the  Generall 
Assembly  after  it  was  subscrybed  by  his  owne  commandement,"  he  sales,  he 
could  not  apprehend. 

Fourth,  They  say,  if  ther  wer  any  reall  oppositione  betuixt  the  King  his 
proclamation  and  the  acte  of  councell,  yet  the  first  being  his  privat,  the 
second  his  publicke  judicall  will,  posterior  derogat  priori,  publica  privatae  : 

(Nota  bene.)  And  the  swearers  are  obleidged  to  observe  rem  juratam  and  the  reall  mat- 
ter of  the  oathe  (mor  then  the  mynd  and  mandate  of  the  prescryber), 
specially  since  it  is  no  new  Confessione  :  So  that  the  councell  have  virtually 
abjured  episcopacye,  since  the  churche  interpretts  it  so  ;  and  any  declara- 
tion contrarye  is  protestatio  contraria  facto,  if  they  say  that  episcopacy  is 
not  by  it  abjured. 

The  King  replyes  to  ther  assertione,  that  posterior  derogat  priori,  that, 
on  the  contrary,  "  the  first  should  be  preferred  :  for  if  his  comissioner  and 
councell  had  explained  it  contrary  to  his  meaning,  his  declaratione  comming 
after  should  be  preferred  to  ther  misinterpretatione." 

To  the  first  reasone  of  the  five,  they  ansuer.  First,  That  the  King,  by  com- 
manding to  subscrybe  the  Confession  of  Faith  as  it  was  anno  1580,  com- 
mands them  to  abjure  whatever  is  founde  by  the  competent  judge  to  be  in- 
troduced since  that  tyme  repugnant  therunto,  albeit  law  did  countenance  it 
by  the  corruptione  of  the  tymes  interveening.  Secondlg,  The  lords  of 
councell  have  subscrybed  the  Confession  as  it  was  in  1580,  in  opposition  to 
the  present  lawes,  by  returning  from  the  present  corruptions  in  the  profes- 
sione,  tanquam  termino  a  quo,  to  the  professione  1580,  tatiqitam  terminum  ad 
quern :  which  a  great  pairt  of  the  councellors  and  others  declare  to  be  ther 
meaninge.  Thirdly,  Episcopacye  is  found  by  many  Assemblyes  to  be  un- 
warranted by  Godes  worde.  Fourthly,  Episcopacy  was  never  restored  by 
any  Assembly  of  this  churche,  nor  Assemblyes  condemning  it  repealed, 
without  which  a  pai-liament  could  not  reestablish  it.  Fifthli/,  The  lawes 
establishing  episcopacye  extende  only  to  ther  civill  preiveleidges,  and  wer 
alwayes  protested  against  by  the  churche.      Sixthly,   If  any  suche  Assem- 


Ch.  lxxi.]  history  of  scots  affairs. 


121 


blyes  did  countenance  it,   they  are  declared  nuU  ah  initio.     Seventhly,   The    A-  D.  1638. 
breach  of  covenant,  by  introducing  such  corruptiones,  is  to  be  shunned 
heerafter.     Eiijhthhj,  Episcopacy  is  virtwally  abjured,   anno  1580,  and   the 
tryall  heerof  referred  to  the  Assemblye  which  has   founde  it  abjured,  anno 
1580. 

The  King  replyes,  that,  "  The  last  pairt  of  the  first  reasone  is  qwytte 
omitted,  though  in  it  lyeth  the  principall  explicatione  of  this  firste  reasone." 
Second,  To  the  councellers  ther  determinatione,  he  replyes,  that,  "  How 
many  of  them  have  determined  so  ?  they  know  that  they  are  not  comparable 
in  number  to  thoise  who  have  determined  the  contrarye."  And,  third,  he 
sayes  that  ther  assertione  that  episcopacye  was  never  restored  by  acte  of 
Assembly,  was  in  itself  "  Most  false." 

To  the  second  reasone  of  the  declaratione,  they  answer.  First,  If  bishops 
be  warrantable  by  Gods  worde,  they  cannot  be  called  ceremonyes,  and  are 
not  alterable  ;  but  if  they  be  ceremonyes,  then  are  they  justly  exploded. 
Second,  That  God  warrants  not  introduction  of  new  church  officers.  Third, 
That,  in  cap.  19  of  the  Confession,  discipline  is  called  ane  unchangable  and 
essentiall  marke  of  Gods  [kirke] .  And  then  they  bring  in  many  instances 
for  to  prove,  both  from  the  Confessiones,  actes  of  Assembly,  and  discipline 
bookes,  that  they  only  allowed  pastors,  elders,  doctors,  deacons ;  and  that 
it  was  not  probable  that  they  comprehended  episcopacye  under  any  of  the 
four,  since  they  so  frequently  condemned  it.  Next,  That  the  prelatts  call 
episcopacye  apostolicke,  and  not  changable  :  As  for  the  kirke,  it  had  con- 
demned such  at  all  tymes  as  held  discipline  and  policye  indifferent  and 
chaungable,  particularly  Mr.  Robert  Montgomerye :  That  the  Assembly, 
1596,  licenced  the  King  to  propose  doubtes  concerning  discipline,  animo 
aedificandi  non  tentandi :  But  withall  that  they  desyred  him  to  declare  befor 
the  states,  that  he  never  intended  to  praejudice  the  booke  of  policye. 
Lastly,  Though  discipline  wer  chaungable,  that  specijice,  et  interposito  jura- 
mento,  they  had  sworne  for  to  mantaine  discipline  as  it  was,  anno  1580. 

The  King  replyes  to  what  they  answer  concerning  episcopacye,  its  not 
being  judged  a  ceremony  by  the  prelatts  themselves,  that,  "  Because  in  the 
XXI.  article  citted,  the  worde  ceremony  is  used,  therfor  they  wold  inferre 
that  this  reasone  supposeth  episcopall  governement  to  bee  but  a  ceremonye  : 
But  weakly,  (sales  the  King,)  for  the  reason  consisteth  in  the  worde  policye 
which  they  tacke  no  notice  of,  and  episcopall  governement  being  a  pairt  of 
ecclesiasticall  policye,  they  hold  the  one  alterable  (as  all  they  doe  who  ad- 

Q 


122  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  here  to  that  XXI.  article),  must  needs  hold  the  other  so  too :  nor  can  it  be 
inferred  from  any  thing  in  this  reason,  that  episcopal!  governement  is  man- 
tained  by  it  to  be  alterable,  but  that  they  themselves,  and  that  XXI.  article 
doe  hold  it  to  be  so."  Secondh/,  To  ther  assertione,  That  the  Assembly 
desyred  his  father  for  to  declare  that  he  never  intended  to  chaunge  any  thing 
of  ther  policye,  he  sayes,  The  Assembly  desyred  it ;  that  might  bee  ;  but 
did  ever  his  royall  father  declare  so  much  to  the  Assembly  as  they  are  said 
to  have  desyred  ? 

To  the  third  reasone,  they  answer,  that  it  needs  no  answer,  if  the 
circumstances  of  thinges  be  considdered :  That  the  meaning  of  ther  answers 
to  the  Aberdeen  Querees  was,  that  they  did  not  expressly  abjure  epis- 
copacye,  but  all  that  was  abjured,  1580  :  which  they  referred  unto  a  free 
Assembly  and  Assembly  recordes  to  trye.  Secondly,  That  when  the  coun- 
cell  was  urged  to  subscribe  the  Confessione,  1580,  conforme  to  the  warrants, 
bearing  (that  they  should  mantaine  the  relligione  now  presently  professed), 
they  justly  feared  that  it  being  subscrybed,  a?i?«o  1638,  would  comprehende 
episcopacy  and  Pearth  Articles  :  which  caused  the  covmcell  declare  that 
they  meaned  for  to  subscrybe  the  Confessione  as  it  was  mantained,  anno 
1580.  Third///,  Albeit  by  the  meaning  of  the  prescryber  of  the  oathe,  the 
swearer  wer  tacitly  bownde  to  mantaine  episeopacye  and  Pearth  Articles ; 
N.  B.  yet,  considdering  the  former  reasones,  he  is  mor  obleidged  to  the  realitye  rei 
juRATAE,  which  is  now  declared  and  founde  by  the  soveraine  judge  com- 
petent, to  abjure  episeopacye  ;  whatever  the  prescryber  did  meane  by 
the  oathe. 

The  Kinges  animadversione  upon  this  paradoxe  of  swearinge,  secundum 
veritatem  reijuratae,  is,  that,  "  He  defyes  any  man  living  to  produce  from 
any  Jesuite,  or  the  greatest  patron  of  aequivocatione  yet  ever  heard  of,  such 
a  wicked  position  as  this  is,  that  the  swearer  is  neither  bounde  to  the  mean- 
ing of  the  exacter  of  the  oathe,  nor  to  his  oune  meaning  who  tackes  the 
oathe,  but  to  the  realitye  of  the  thing  sworne,  as  it  shall  be  afterwards  expli- 
cated by  the  competent  judge  :  For  then  no  man  can  tell  what  he  swearethe, 
when  he  sweareth,  if  the  declaratione  of  the  competent  judge  shall  come 
after  ;  that  it  wer  to  be  wished  that  he  who  sett  downe  this  propositione,  had 
sett  his  hande  to  it,  that  the  world  might  tacke  notice  of  him  for  ane  ignor- 
ant foole  and  an  arrant  knave  :  In  the  mean  tyme,  till  Johnstone  fynde  out 
an  other,  he  must  be  tackne  for  the  man,  because  his  hande  is  at  this  foolish 
pamphlett." 


Ch.  lxxi.]  history  of  scots  affairs.  123 

To  the  fourth  reasone  they  answer,  First,  That,  in  contradictory  oathes,  A.  D.  1638. 
the  swearer  is  mor  obleidged  to  the  sence  of  the  thing  sworne  then  to  that 
of  the  prescryber,  or  his  owne  sence,  specially  wher  ther  is  no  new  oathe. 
Second,  The  oathe  was  refoosed  till  the  councell  gave  ther  sence  to  be  one 
with  the  sence  of  the  Covenanters.  Third,  They  doe  not  meddle  with  the 
kirkes  of  Englande  or  Irelande,  but  recommend  to  them  the  patterne  shewed 
in  the  Mounte  :  they  speake  onlye  of  Scottland  wher  episcopacye  was  still 
aboHshed  till  the  latter  corrupte  tymes.* 

The  Kings  replye  is,  that,  "  This  answer  is  directlye  contrarye  to  the 
wordes  of  ther  owne  protestatione  against  his  proclamatione,  dated  Septem- 
ber ninth  "  :  See  ther  ninth  reasone  in  ther  protestatione  against  the  sub- 
scriptione  to  the  Kings  Covenant,  and  the  reader  will  fynde  it  flatly  con- 
tradictorye  to  what  they  affirme  now.  Secondly,  That,  "  They  doe  not 
meddle  with  the  church  of  England,  but  yet  in  all  ther  wryttings  they  declare 
that  the  governement  of  the  Church  of  England  is  against  the  worde  of 
God,  and  the  patterne  shewed  in  the  Mount :  and  that  ther  new  fancyd 
governement,  contained  iu  ther  iraaginarie  booke  of  discipline  is  only  ac- 
cording to  it." 

To  the  fyfth  reasone  they  ansuer.  First,  That  befor  the  subscriptione  of 
the  Confessione,  anno  1580,  abbots,  pryors,  andbishopps  wer  clearly  banished 
out  of  the  churche,  as  the  records  of  the  Assemblyes  will  prove.  Second, 
The  clause  citted  in  the  reasone  is  of  doctrine,  and  not  of  discipline,  which 
is  after  determined,  and  the  hierarchy  detested.  Third,  Collections  by  way 
of  inference  cannot  be  alledged  ex  consequenti  against  expresse  actes  of  the 
tyme ;  wherin  apertissime  dicendo,  the  mackers  leave  no  place  to  presume  for 
episcopacy  :  so  are  the  expressions  of  stylus  curiae  carefully  observed,  and 
actes  are  saide  to  be  made  by  the  King  and  three  estates,  although  not  a 
bishop  present.  Fourth,  Ther  wer  no  standing  actes  of  parliament  for 
episcopacye ;  or  if  any  wer,  by  subscrybing  the  Confessione,  1580,  King 
and  subjectes  have  returned  to  the  same  doctrine,  as  it  was  then  without 
bishopps :   which  may  be  enacted  in  the  parliament  proclaimed  to  be  holdne 

*  Nota  bene.  When  the  Covenanters  did  publish  this  declaratione,  and  the  King  wrytte 
his  replye,  the  Leagwe  and  Covenant  was  not  then  subscrybed.  How  farr  since  they  liave 
meddled  with  the  churche  of  England,  is  very  weall  known ;  and  England  bevailes  it  as 
much  as  Scottland  does  this  daye,  ther  meddling  with  the  governement  of  Scottland;  and  it 
is  hard  to  tell  what  pattern  they  meane,  England  beinge  become  a  kynde  of  a  great  Amster- 
dam for  sectes  and  for  shismes  and  anarchy  in  churche. 


124  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.    May  fifth,  1639.     The  actes  of  Assembly  and  the  Booke  of  Policye,  cap.  1 

et  cap.  10,  puttes  cleare  marches  betuixt  civill  and  ecclesiasticke  jurisdictione ; 

macking  evry  one  independent  in  matters  belonging  to  ther  own  jurisdic- 
tione, and  evry  one  subject  to  another  in  matters  properly  belonging  to  that 
other.  So  as  Assemblyes  cannot  macke  civill  lawes,  nor  hinder  the  macking 
of  them,  nor  repeale  them  being  made,  no  mor  can  a  Parliament  originally 

Nota  bene,  macke  ecclesiastical)  lawes  nor  repeale  them,  nor  hinder  laufuU  Assemblyes 
from  macking  or  repealing  them.  For  albeit  actes  of  Assembly  are  ratifyd 
by  Parliament,  yet  this  cannot  hinder  the  Assembly  to  repeale  its  owne 
actes :  so  that  the  civill  sanction  falls  ex  conseqitenti,  if  so  be  that  the  As- 
sembly repeale  its  owne  acte.  And  to  say  the  contrary  of  this  is  qwyte 
derogatorye  to  Chrystes  prerogative,  church  libertye,  freedome  of  Assem- 
blyes, and  to  the  nature,  ende,  and  reason  of  all  ecclesiasticall  jurisdictione. 
See  their  protestatione,  September  twenty-second,  wher  it  is  proved  to  be 
so.  For  which  reasones  they  declare  that  the  Assemblyes  sence  only  be 
helde  as  right,  and  all  reqwyred  to  subscrybe  acordinglye. 

To  this  answer  of  the  fyft  reasone,  the  King  setts  three  animadversiones  : 
First,  Wher  they  deney  that  episcopacye  is  mentioned  as  ane  estate  of  parlia- 
ment, when  no  bishopp  was  present,  he  reply es,  "  That  it  is  most  uotoriouse 
that  at  those  parliaments  which  wer  holdne  when  the  Confessione  of  Faith 
was  first  sworne  unto,  bishopps  had  voices  and  wer  presente,  and  so  then 
episcopal!  governement  could  not  be  abjured."  For  proof  of  this,  he  in- 
stances,* out  of  the  rolles  of  parliament :  parliament  1597,  sederunt  pro 
clero,  sex  bishopps,  fifteen  abbotts  ;  parliament  1.581,  three  bishopps,  twelve 
abbotts;  1583,  eight  bishopps,  thirteen  abbotts;  1584,  four  bishopps,  eleven 
abbotts ;  1584,  four  bishopps,  four  abbotts  ;  1585,  four  bishops,  nine  ab- 
botts ;  1587,  five  bishops,  thirteen  abbotts;  1592,  two  bishopps,  six  abbotts  ; 
1593,  two  bishopps,  six  abbotts;  1594,  three  bishopps,  five  abbotts;  1597, 
five  abbotts;  1600,  two  bishopps,  six  abbotts ;  1604,  five  bishopps,  three 
abbotts;  1606,  six  bishopps,  one  abbott,  one  pryor;  1607,  sk  bishopps  and 
three  abbotts;  and  in  this  roll  the  bishopps  seates  are  all  mentioned. 
Secondly,  To  ther  assertione,  that  the  Assembly  cannot  macke  civill  laws,  etc., 
he  rejoynes,    "  Let  any  kyngdome  which  is  acqwaynted  with  parhamentes 

*  See  Large  Declaration,  pag.  364  et  365,  extracted  out  of  the  rolles  of  parliament. 
Ther  is  noted  that  the  abbots  wer  secular  men  which  had  gott  the  abbay  laundes,  yet  re- 
tained ther  names  and  places  in  parliament. 


Ch.  lxxi.]  history  of  scots  affairs. 


125 


consisting  of  a  monarche  and  his  three  estates,  digest  this  propositione,  A.  D.  1638. 
and  then  the  parliament  can  be  no  mor  the  highest  court  of  the  kyngdome." 
Thirdly,  To  ther  position,  that  the  civill  sanction  falles  if  the  Assembly 
repeale  its  owne  acte,  he  ansuers,  it  is,  "  A  most  false  positione :  As  if  the 
convocation  in  Englande,  or  the  generall  Assembly  in  Scottland,  had  power 
to  reconcile  the  two  kyngdoms  to  the  church  of  Rome,  to  reduce  poperye 
into  them,  and  to  restore  to  the  church  all  the  abby  laundes,  notwithstand- 
ing many  actes  of  parliament  in  both  kyngdomes  to  the  contrarye." 

In  the  rest  of  ther  ansuer,  which  is  terribly  prolixe,  they  stepp  out  of  theer 
spheare  (if  they  wer  the  delegats  of  the  Generall  Assembly  who  penned  the 
ansuer,  and  spocke  as  churche  men),  and  tacke  much  panes  for  to  ansuer  all 
the  actes  of  parliament  which  the  comissioner  cittes ;  although  it  would  seeme 
that  the  King  and  parliament  wer  most  competent  interpreters  of  thes  actes, 
wher  the  ansuerers  will  assure  us  no  churche  men  wer  asistant  at  ther  en- 
actinge.  They  tell  us  that  the  churche  wrestled  with  episcopacye  till  anno 
1592;  and  that  her  policye  could  not  be  gottne  confirmed  in  parliament  till 
then ;  and.  Second,  That  actes  of  parliament  cannot  macke  ecclesiasticall 
officers :  That  parliament  discharging  bishopps  to  depend  on  the  pope  did 
therby  simply  discharge  ther  office ;  for  it  depended  never  on  any  but  him  : 
That  Assemblyes  all  thes  tymes  censured  such  as  usurped  the  office  or  the  N.  B. 
title  of  bishopp  ;  and  wer  still  remonstrating  to  the  state  against  the  restitu- 
tione  of  them  :  That  the  Kings  coronation  oath  mackes  no  mention  of 
bishopps  :  That  preiveleidges  ratifyd  in  parliaments  to  bishopps  must  be 
understoode  concerning  church  men  then  receaved,  but  not  bishopps  :  That 
7  acte  of  1  pari.  Jac.  VI.,  referres  the  examinatione  of  ministers  unto  su- 
perintendents, but  mentions  not  bishopps  :  as  for  superintendents,  they  wer 
permitted  only  lycke  temporary  evangelistes  ad  ecclesiam  const itiiendam,  and  N.  B. 
afterward  abrogate  fi'om  1575  m  ecclesia  constituta :  That,  annis  1572  et 
1573,  the  Regent  brought  in  bishopps  upon  designe,  which  the  Assemblye 
protested  against  the  next  yeare  ;  that  thes  bishopps  titular  had  no  power 
from  the  churche :  That  if  parliament  gave  power  to  bishopps  after  that 
in  church  matters,  it  was  not  as  bishopps  but  as  comissionat  from  the 
churche,  and  named  by  the  title  of  bishopp,  wherby  they  wer  best  known  : 
That  parliament,  1581,  does  ratifie  presbyteriall  governement,  and  is  ill 
citted  to  prove  episcopall  power  :  That  the  actes  of  parliament,  1584,  wer 
protested  against  by  the  ministers  of  Edinburgh,  in  name  of  the  church  of 
Scottland ;  that  that  tyme  was  the  howr  of  darknesse,   when  the  Earl  of 


126  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

Arran*  did  tyrranise.  The  rest  of  the  actes  are  answered  and  interpreted 
by  them,  with  thes  or  the  lycke  distinctiones,  That  few  bishopps  sate  thes 
tymes,  and  that  such  as  satte  wer  disownd  by  Assemblyes,  some  of  them 
not  church  men :  That  they  had  ther  vote  in  parhament  by  reason  of  ther 
laundes  ;  that  the  laundes  tackne  from  them  tooke  awaye  ther  vote  ;  which 
they  doe  instance  by  actes  of  parliament  for  ther  restitutione  :  That  histo- 
rians doe  all  testifie  that  nobility,  barrens,  and  burrows  wer  the  three  estates 
of  parliament,  for  many  hundereths  of  yeares,  without  bishopps :  And  that 
the  114th  acte,  parliament  1592,  expressly  abrogates  bishopps  and  all  former 
actes  made  in  ther  favours,  and  therfor  is  not  citted  at  all  by  the  Marquis  of 
Hamiltoune  in  his  declaratione,  becaus  it  establisheth  presbyteriall  governe- 
ment :  That  some  gott  voices  in  parliament  in  name  of  the  churche  who 
wer  not  churche  men,  and  whom  the  churche  employed  not,  but  wer  thrust 
in  ther  :  That  when  voice  in  parliament  was  obtruded  upon  the  churche  as 
a  favour,  it  was  to  such  as  she  should  comissionat,  not  to  bishops  :  That  the 
bishopps,  without  controversye,  had  vote  in  Parliament,  yet  it  cannot  follow 
fi'om  thence  that  they  are  not  censurable  by  Assemblyes,  as  they  declare  in 
ther  declinator  :  That  the  parliament,  1606,  might  repone  them  to  ther 
temporalityes  and  voice  in  parliament,  but  could  not  make  them  bishopps 
spiritwall :  That,  annis  1606  et  1609,  they  rode  in  parliament  without 
comission  from  the  churche,  contrar  to  the  cautions  of  Montrosse : 
And,  Ji/ialli/,  That  the  Assembly  conveened  lately  at  Glasgow,  1638, 
hath  proceeded  not  by  actes  of  parliament  (nor  should  not),  but  by  Gods 
worde  alone ;  and  that  by  ther  oath  they  are  obleidged  to  returne  to  the 
doctrine  and  discipline  as  it  was  in  anno  1580,  and  renounce  followug  actes 
contrary  thertoo. 

This  is  but  a  short  abridgement  of  ther  refutatione  and  interpretatione  of 
actes  of  j)arliament  befor  mentioned ;  to  which  pourpose  they  spend  threeten 
pages  in  ane  indifferent  small  character,  in  folio.  Yet  the  Kinges  replye 
is  farr  shorter,  for  he  summes  it  upp  in  fewer  then  half  as  many  lynes 
upon  the  margent  of  ther  tediouse  ansuer,  and  tells  us  that,  "  For  the 
caviUs  beer  made  against  the  actes  of  parhament,  citted  in  the  explanatione, 
they  will  be  sufficiently  confuted,  if  the  reader  will  tacke  the  paines  to  reade 

•  Sir  James  Steward,  father  to  the  Lord  Uchiltrye.  [Captain  James  Stewart  of  Both- 
well-muir,  second  son  of  Andrew  second  Lord  Ochiltree,  was  in  1581  created  Earl  of 
Arran.  He  was  deprived  of  the  title  in  138.5  ;  and  was  slain  in  1596.  His  eldest  son,  Sir 
James  Stewart  of  Killeith,  acquired  the  Lordship  of  Ochiltree  in  1615,  and  died  in  1659.] 


Ch.   LXXIII.] 


HISTORY  OF  SCOTS   AFFAIRS. 


127 


the  actes ;  for  then  he  shall  easilye  discover  that  thes  exceptions  are  not 
only  weacke,  but  non  at  all." 

LXXII.  Having  now  sufficiently  tyred  the  readers  patience  with  the 
short  sumine  of  thes  remonstrances  for  and  against  episcopaeye,  it  is  now 
tynie  to  give  ane  accoLnite  of  the  rest  of  the  proceedinges  of  this  Assembly e, 
which  mett  againe,  Munday,  December  tenth.  The  first  acte  that  daye,  was 
one  [  ]    Row,  sonne  to  Mr.   Johne  Row,  minister  at  Carnocke,  his 

presenting  himself  publickly.  He  tould  the  Assembly  that  he  had  been 
abroade  out  of  his  native  countrey  for  the  space  of  eighteen  yeares,  travell- 
ing through  France,  Germany,  and  Irelande ;  and  since  he  was  by  Gods 
providence  returned  at  such  a  gloriouse  tyme,  his  earnest  request  was,  that 
he  might  have  the  honour  to  be  admitted  f;o  the  subscriptione  of  the  Cove- 
nant :  which  was  no  sooner  petitioned  for,  but  as  readily  it  was  yeelded  unto, 
with  uniforrae  applause  and  congratulatione  ;  and  the  new  come  home  pro- 
selite  matriculate  into  the  Covenant. 

Immediatly  therafter,  the  moderator  saide,  That,  since  the  churche  had 
been  under  long  and  greate  thraldome,  wherof  the  most  pairt  was  tackne 
awaye  alreadye  by  this  Assembly,  that  ther  next  course  was  for  to  considder 
upon  such  positive  lawes  and  constitutiones  as  might  praeveen  the  lycke 
corruptions  in  all  following  tymes ;  and  to  this  ende,  proposed  the  nomina- 
tione  of  a  comittee,  who  should  heare  overturs,  and  propose  such  as  them- 
selves should  thinke  expedient  for  the  wealle  of  the  church.  The  members 
of  that  comittye  wer  appoynted  to  be  Mr.  Johne  Adamson,  Principall  of 
Edinburgh  College  ;  Mr.  Johne  Row,  elder  of  Carnocke  ;  Mr.  James  Sib- 
bald  ;  Mr.  Johne  Moncrilfe  ;  the  Lord  Balmcrino  ;  [  ]  ;  Lyon  of 
Oldbarre,  brother  to  the  Earle  of  Kinghorne ;  and  James  Coheraine, 
and  Gilbert  Gowrlaye,  two  burgers. 

How  soone  that  this  comittye  was  constituted,  the  moderator  did  call 
upon  such  ministers  as  had  been  at  ther  studyes  upon  Saturdaye,  when  epis- 
copaeye was  voted  downe,  that  they  might  homologate  explicitly  the  con- 
demnatione  of  episcopaeye  ;  which  they  all  did,  being  but  few  in  number, 
very  readily  :  For  albeit  they  had  intended  otherwayes,  it  was  now  behynde 
tyme  for  them  to  proppe  it  up  by  ther  suffrage. 

LXXIII.  The  Fyve  Articles  of  Pearth  wer  next  brought  to  the  test ; 
nor  was  it  thought  eneuche  that  the  King  had  discharged  them  by  procla- 
matione,  nor  that  the  Assembly  had  annulled  them  by  a  consequence,  having 
founde  the  Assembly  of  Pearth  null  and  voide  in  itselfe :  But  it  was  thought 


A  D.  1638. 


Mr.  Row  sub- 
scribes the 
Covenant : 
he  is  son  of 
Mr.  John 
Row,  minister 
of  Carnock. 
Committee  for 
constitutions 
and  laws  to 
prevent  cor- 
ruptions in 
future. 

Sess.  17. 

December  lu. 

Moondaye. 


Five  Articles 
of  Perth  con- 
demned. 
The  Act. 


128  HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 

necessarye  that  thes  Five  Articles  should  be  considderred  as  in  themselves 
whither  they  wer  lawful  or  unlaufull.  But  befor  the  matter  should  be  voted, 
it  was  thought  expedient  to  reade  all  the  actes  of  Assemblyes  condemning 
such  practises,  and  censuring  ministers  for  practising  the  lycke  in  former 
tymes.  Upon  this  motione,  the  Lord  Lowdon  Campbell  stoode  upp,  and 
declared  that  he  thought  it  unnecessaire  to  proceede  to  furder  tryall  of  thes 
saide  articles,  since  ther  unlaufull  introductione  was  alreadye  proved,  and 
since  the  King  had  condemned  them  in  his  proclamatione. 

Then  Mr.  Andrew  Ramsey  fell  to  speacke  concerning  holy  dayes,  and 
shwed  that  to  ane  holy  daye  three  things  wer  reqwyred,  cessatione  from 
labour,  hallowing,  and  dedicatione.  He  said  that  evrye  one  of  the  holy 
dayes  observed  in  Scottlande  had  thes  three  conditiones,(')  ergo,  \etc7\  But 
this  was  spockne  by  Lowdon  and  him  after  the  following  paper  was  reade, 
which,  for  substance,  is  engrossed  in  the  condemnatorye  acte  of  the  five  ar- 
ticles, much  to  this  pourpose*  : 

First  in  the  generall,  they  doe  fynde  and  declare  that  the  Fyve  Articles, 
viz.  First,  Kneeling  at  the  Communion  :  Second,  The  fyve  festivall  dayes  ; 
first,  Chrystmass ;  second.  Good  Fryday  ;  third,  Pash  daye ;  fourth,  As- 
cention  daye  ;  fifth,  Wittsonday  :  Third,  Episcopall  confirmatione  of  child- 
ren :  Fourth,  Privat  baptisme  :  Fifth,  Celebratione  of  the  Lords  Supper 
privatly,  or  in  privat  houses  ;  are  all  abjured  by  the  Confessione  of  Faithe 
and  Covenant,  as  it  was  swoi-ne  too  and  subscrybed,  aw7H'x  1580,  1581,  1590, 
1591  ;  contrary  to  the  relligione  then  profest ;  and  are  confuted  by  the  worde 
of  God  and  churche  of  Scottland ;  or  are  rytes  and  ceremonyes  added  to  the 
ministratione  of  the  [true]  sacraments,  without  the  worde  of  God  ;  or  now- 
rishe  the  popish  judgement  against  infants  departing  without  baptisme,  or 
absolute  necessitye  of  baptisme ;  or  rytes,  signes,  and  traditions  brought  into 
the  kirke,  without  or  against  the  worde  of  God  and  doctrine  of  this  trwe 
reformed  churche.     And  then  they  declare  particularly  : 

First,  Concerning  geniculatione  or  kneeling  at  the  communion,  That  the 
sacraments  must  be  ministred,  as  Chryst  himself  has  ordained :  see  Con- 
fession of  Faith,  prefixed  to  the  PsalmesC^)  approved  by  our  kirke  in  the 

(0  [See  Records  of  the  Kirk,  pp.  169,  170.] 

*  See  print  Assembly  of  Glasgow,  pag.  27,  acte  session  17,  December  tenth.  [Re- 
cords of  the  Kirk,  pp.  32,  33.]      Vide  Spang,  Historia  Motuum,  pag.  263. 

(2)  [In  the  journal  of  the  Assembly  printed  in  the  Records  of  the  Kirk,  it  is  recorded 
that,  during  the  discussion  on  the  Articles  of  Perth,  "  as  some  things  were  cited  out  of  the 


Ch.  lxxiii.]  history  of  scots  affairs. 


129 


very  beginning  of  the  Reformatione,  repeated  in  the  twenty-third  chapter  of  A.  D.  1638. 
the  Larffe  Confession,  printe  amongst  the  actes  of  Parliament :  That  such 
a  gesture  is  most  agreable  to  Chrystes  example,  viz.  to  sitt,  and  most 
agreeable  to  the  actione  itselfe ;  that  whatever  men  have  added  are  to  be 
thought  alterations  of  the  Lords  institutione,  as  if  they  challendged  it  of 
imperfectione  :  In  the  Assembly,  1.562,  ministers  are  ordained  to  follow 
the  rule  of  Geneva  at  the  ministratione  of  the  Sacrament,  wher  John  Knox 
was  sometyme  minister  ;  who  did  condemne  geniculatione.  Parliament  1567 
will  not  have  any  thought  to  be  members  of  this  churche,  but  such  as  com- 
municate as  she  does.  This  acte  was  renewed,  parliament  1581  ;  and  kneel- 
ing never  sett  upp  till  Assembly  1618. 

Second,  Concerning  the  five  festivall  dayes.  First  Booke  of  Discipline, 
cap.  1,  does  thinke  it  necessaire  utterly  to  abolish  them  all,  [because  they  are 
neither  commanded  nor  warranted  by  Scripture ;  and  that  such  as  observe 
them  be  punished  by  civil  magistrates.  In  the  General  Assembly  holden  at 
Edinburgh,]  anno  1566,  the  [Large]  Confession  of  Suitzerland  is  approved 
in  all  thinges,  except  in  the  article  of  the  festivall  dayes.  [It  was  not  then 
the  popish  observation  only,  with  the  popish  opinion  of  worship  and  merit, 
which  was  dissallowed ;  (for  so  the  reformed  kirk  in  Helvetia  did  not 
observe  them),  but,  simpliciter,  all  observation.  In  the  Assembly  holden] 
a7mo  1575,  complainte  was  made  against  the  ministers  and  readers  be- 
syde  Aberdeene,  for  assembling  people  to  preaching  and  prayers  upon 
festivall  dayes :  And  the  Regent  was  to  be  com))lained  unto,  that  the  people 
of  Drumfreeze  had  conveyed  a  reader  to  ther  church  at  Christesmasse,  with 
musicke,  for  to  reade,  because  ther  oune  reader  refoosed  to  goe.  Assembly 
1577,  visitors  are  appoynted  to  admonish  ministers  not  to  preache  at  Christs- 
masse,  or  administer  sacrament  at  Easter.  First  Book  of  Discipline,  cap.  9, 
setts  downe  the  reasons  against  Easter  communion,  because  at  that  tyme 
people  did  runne  superstitiously  to  it,  and  wer  careless  at  other  tymes. 
Assembly  1595,  observing  of  festivall  dayes,  setting  on  of  bonfyres,  singing 
carols,  are  reockned  amongst  corruptions  to  be  amended.  \_Lastly,  It  was 
the  unanimous  opinion  of  the  ministers,   that  only  the  Lords  day  was  to  be 

treatise  befor:'  the  Psalnie  Booke,  printed  at  Aberden,  1625,  where  prayer  is  made  against 
hyreling  Papists,  that  God  would  confound  them,  In  these  that  are  printed  at  .Aberden, 
Papists  are  left  out :   In  ane  uther  prayer,  these  words,  '  the  Romish  Idol,'  are  left  out ; 

Then  Doctor  Guild,  in  Abcrdene,  desyred  that  the  printer  might  macke  accompt  of  it, 
who  had  bein  the  occasion  of  that."  Records  of  the  Kirk,  p.  169.  See  below,  book  v. 
ch.  XXXV.] 


130  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  observed  as  a  festival.]  And  some  added  that,  Assembly  1590,  King  James 
thanked  God  that  our  church  did  exceed  the  church  of  Geneva  for  purity 
of  reformation,  as  observing  no  daye  but  the  Lords  daye,  whilst  Geneva 
kept  Youle  and  Pasche. 

Third,  Concerning  Confirmatione,  they  declare  that  it  is  condemned  in 
the  Confessione,  under  the  clause  of  the  "  five  bastard  sacraments,"  as  one 
of  them  :  And  that,  seing  episcopacy  was  abolished,  confirmatione  did  faU 
to  the  grownd  by  consequence,  since  none  pretended  to  it  but  theye  :  Nor 
is  ther  the  least  inkling  of  impositione  of  handes  in  any  acte  for  catechising 
younge  ones. 

Fourth,  Concerning  administratione  of  the  sacraments  in  private  places, 
they  declare,  in  the  Booke  of  OrderO  sett  downe  before  the  psalmes  it  is 
saide.  That  sacraments  are  not  to  be  administred  in  privat  corners,  as  sor- 
cerers use  to  doe :  Assembly  1581,  ordaines  that  sacraments  be  not  ministred 
in  privat  houses,  but  solemnly  acording  to  good  order :  That  Mr.  Thomas 
Cranstone,  minister  at  Tranent,  anno  1581,  was  suspended,  and  not  released 
till  he  acknowledged  his  fault  in  the  kirke  of  Tranent,  as  also  others,  for 
kneeling  at  communion,  and  celebrating  the  communion  on  Pash  day.  All 
which  did  macke  it  appeare  that  the  church  of  Scottland  did  oppose  all 
that  which  might  macke  baptisme  be  thought  absolutly  necessary,  or  that 
the  sacrament  was  to  be  givne  as  a  viaticum. 

When  all  this  was  reade,  the  moderator  stated  the  questione.  Whether 
the  Fy ve  Articles  of  Pearthe,  by  the  Confessione  of  Faithe,  as  it  was  meand 
and  professed  in  the  yeare  1580,  1581,  1590,  1591,  ought  to  be  removed  out 
of  the  kirke.  Ther  was  one  of  the  members  of  the  Assembly  who  did  alledge, 
That  such  a  state  of  the  questione  was,  in  other  termes,  for  to  putt  it  to  the 
vote,  whither  or  not  all  were  perjured,  who  had  practised  all  thes  Five  Ar- 
ticles,  or  any  of  them,  after  that  nationall  oathe  was  sworne.(^)     This  the 

(1)  [The  Book  of  Common  Order,  or,  The  Order  of  the  Enghsh  Kirk  at  Geneva; 
whereof  John  Knox  was  Minister.  Approved  by  the  famous  and  learned  man,  John  Calvin. 
Received  and  used  by  the  Reformed  Kirk  of  Scotland,  and  ordinarily  prefixed  to  the  Psalms 
in  Metre.] 

(2)  [Historia  Motuuni,  p.  266.  The  member  alluded  to  was  Baillie.  "  I  was  resolved," 
he  says,  "  to  dispute  none,  yet  before  the  voicing  I  did  complain  of  the  question's  stating. 
That  to  ask  if  Perth  Articles  were  to  be  removed  according  to  our  Confession,  which  was 
conceived  by  way  of  oath  and  covenant,  was  all  one,  as  if  to  ask  if  they  were  truly  abjured 
before,  and  all  who  had  defended  them  since,  were  truly  perjured ;  which  was  a  very  hard 
matter  for  many  to  grant.  The  moderator,  a  most  grave  and  wise  man,  yet  naturally 
somewhat  temed,(')  took  me  up  a  little  accurately,  showing  I  might  draw  the  question  so 

(1)  ["  Tkrne,  TERNEn,  arf;.  Fierce,  wrathful,  choleric."    Jamieson.] 


Ch.  LXXV.] 


HISTORY  OF  SCOTS  AFFAIRS. 


131 


moderator  deneyd,  saying  that  he  meand  no  such  thing  in  stating  the  ques- 
tione.  When  it  came  to  the  vote,  without  contradictione  of  any  (hut  one 
onlye),  it  carryd  affirmativelye  :  Wherupon  by  acte  they  prohibite  and  dis- 
charge all  disputing  for  them,  or  observing  all  or  any  of  them  heerafter,  and 
did  ordain  presbytryes  to  proceede  with  the  censurs  of  the  kirke  against  all 
transgressours.c  > 

The  methode  which  the  Assembly  observed  with  the  Articles  of  Pearth, 
first  nullifying  the  Assembly  of  Pearth,  and  afterward  declaring  against  evry 
of  the  Five  Articles  particularly,  was  conforme  to  that  which  they  used 
against  episcopacye.  For  having  condemned  the  functione  in  abstracte,  they 
now  thought  it  high  tyme  for  to  censure  the  bishopps  themselves;  to  which 
pourpose,  the  next  actione  of  this  sessione  was  for  to  enter  upon  the  exa- 
minatione  of  the  particular  accusations  givne  in  against  evry  bishopp. 

LXXIV.  Mr.  Johiie  Abernetthy,  bishop  of  Catnesse,  his  accusatione 
was  waved  and  mitigated,  by  meanes  of  a  letter  sent  from  himself,  and  ane 
other  from  the  presbytrye  of  Jedburgh  in  his  favours,  wher  (it  seems)  he 
had  sometyme  been  a  minister.  Both  letters  contained  his  excuses  by  rea- 
sones  of  his  siklynesse ;  also  they  did  intimate  both  his  subscriptione  of,  and 
affectione  to,  the  Covenant.  His  owne,  furder,  did  professe  a  willingnesse 
to  submitte  to  all  the  actes  of  the  Assemblye,  with  a  most  earnest  prayer  for 
the  good  and  happie  successe  therof.  Thes  thinges  wer  weall  tackne,  and 
ther  acceptaunce  was  seconded  by  the  Lord  Lowdon,  Sir  William  Douolasse 
of  Cavers,  and  Sir  Thomas  Kerr,  and  others,  who  spocke  in  his  favours ; 
specially  they  tould  that  he  had  wryttne  a  worke  to  be  published,  against 
the  innovationes  lately  introduced  into  this  churche.  Mr.  Patrike  Lindsey, 
archbishop  of  Glasgow,  his  ansuer  was  delayd  till  the  next  daye,  it  havino- 
been  reqwyred  by  such  as  wer  appoynted  to  speacke  with  him. 

LXXV.  Mr.  David  Lindsay,  bishop  of  Edinburgh,  his  accusatione  was 
readde ;  and  after  cittatione  and  calling  upon  him  at  the  church  doore,  and 
Dr.  Hamiltoune  as  his  procutor,  was  fownde  to  he,  besyde  the  generall 
crymes  objected  to  all  the  bishopps,  i-iz.  breach  of  the  caveats,  etc..  That  he 


A.  D.  1638. 


Mr.  John 
Abernethy, 
bishop  ol' 
Caithness. 
Mr.  Patrick 
Lindsay, 
archbishop 
of  Glasgow. 


Mr.  Davia 
Lindsay, 
bishop  of 
Edinburgh, 
deposed. 


strait  as  I  pleased,  yet  he  had  not  stated  it  so :  however  give  my  voice.  When  it  came 
to  me,  I  said  no  more ;  for  at  once  I  was  found  no  mistaker  ;  for  Mr.  Alexander  Carse, 
and  after  him  almost  all,  answered  the  question,  abjured,  and  removed;  to  whom  no  man  was 
noted  opposite  but  myself:  for  here  I  saw  no  place  for  distinction  as  before  in  Episcopacy  ; 
and  so  witho\it  any  hesitation,  I  voiced  to  be  removed  now,  but  never  before  abjured." 
Letters,  vol.  i.  pp.  133,  134.] 
(1)  [Records  of  the   Kirk,  p.  33;  Historia  Motuura,  p.  '266.] 


132  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  had  pressed  the  practise  of  the  Service  Booke  and  the  Fyve  Articles,  and 
had  gone  befor  others  in  the  practise  therof,  and  of  the  Booke  of  Canons, 
and  had  obtruded  all  thes  innovationes  extremely  upon  ministers  ;  that  he 
had  refused  to  give  the  order  of  presbyter  to  any  but  such  as  had  first  been 
created  deacons,  which  they  instanced  in  one  Mr.  Johne  Makgie ;  that  he 
did  kneele  befor  the  altar  ;  that  he  had  putt  on  the  rochett  and  other  masse 
lycke  apperall  at  divyne  service  ;  that  he  had  givne  licence  to  some  to  marry 
without  tliryce  proclamatione  of  ther  banes  ;  by  which  meanes  one  gott  a 
warrant  to  marry  his  owne  fathers  sister,*  which  warrant  the  minister  to 
whom  it  was  sent  refoosed  for  to  obeye ;  lyckwayes  two  men  gott  warrant 
in  one  day  for  to  marry  one  woman  who  had  her  husband  livinge ;  that  he 
used  the  ryte  of  elevatione  very  solemnly  at  the  communion ;  that  he 
suffered  erroneouse  doctrine  to  be  preached  within  his  diocesse  by  some  of 
the  ministers  of  Edinburgh  ;  and  being  advertished  therof,  did  connive  at 
it ;  that  he  had  defended  the  error  of  the  ubiquitye  of  Chrystes  bodye,  in 
his  booke  which  he  printed  in  defence  of  the  Assembly  of  Pearthe,  wher  he 
mantaineth  kneeling  before  the  elements,  in  respect  of  Chryst  his  bodily 
presence  ther,  that  we  should  worshipp  Chrystes  body  and  flesh  ther(')  (that 
booke  was  cryme  eneuch,  though  no  heterodoxie  had  been  founde  in  it,  for 
to  turne  him  out) ;  that  at  the  Kings  coronatione,  he  had  used  popish  toyes 
in  the  chappell  royall  ;  that  he  wold  not  consecrate  ane  churche  at  the  Queens 
Ferrye,  because  he  was  not  able  to  opne  the  doore  therof  himself,  which 
was  conditio  sine  qua  non  ;  and  because  he  was  therfor  reprooved  by  the  rest 
of  his  colleagues  that  wer  with  him,  as  also,  for  that  he  would  have  castne 
holy  water  upon  it,  which  they  wer  not  satisfeed  with,  therfor  he  gave  over 
the  worke,  and  lefte  the  churche  unconsecrated.  For  all  which  crymes,  which 
wer  provne,  and  never  a  wittnesse  excepted  against ;  as  also,  for  that  he  had 
subscrybed  the  declinator  against  the  synode,  and  had  added  contumacye  to 
all  his  former  crymes ;  therfor  the  synod,  with  ane  unanimouse  vote,  depose 
him  from  being  not  only  a  bishopp,  but  also  a  minister,  and  withall  ordaine 
him  to  be  excommunicated. 

•    Si  credere  fas  est. 
(1)  ["  To  beleeue  that  the  body  of  Christ  is  present  in  the  Diuine  Person,  wherein  it 

subsisteth,  albeit   locally  the   same  be   in   heauen,  is  no  crrour It   is   no  errour   to 

beleeve  the  spirituall,  powerful!,  and  personall  presence  of  Christs  bodie  at  the  Sacrament, 
and  in  that  respect  to  worship  his  flesh  and  blood  there."  Trve  Narration  of  the  Proceed- 
ings in  the  Assembly  at  Perth,  p.  142.  "  These  passages,"  says  Baillie,  "  stood  twenty 
years  untouched  by  any  that  1  heard  of,  till  I  pointed  at  them  to  our  presbytery  about  a 
year  ago."     Letters,  vol.  i.  p.  135.] 


Ch.  LXXVI.] 


HISTORY  OF  SCOTS  AFFAIRS. 


133 


LXXVI.  With  that  selfe  same  order  and  formalitye  did  they  proceede  A.  D.  1638. 
against  Mr.  Adam  Bellandyne/O  bishop  of  Aberdeen,  whoise  accusatione  did  m^.  Adam 
containe,  (besyde  the  crymes  objected  to  all  the  bishopps,)That  he  was  guiltye  Ballentine, 
of  simonye  ;  that  he  had  obtruded  upon  the  ministrye  the  Booke  of  Canons  ^f '''d  °n 
and  Service  Booke ;  that  he  had  suspended  some  ministers,  particularly  Mr.  deposed. 
Alexander  Martin,  minister  at  Old  Deer  in  Buthqhwan,  and  Mr.  James 
Martin,  his  brother,  minister  at  Peeterheade,  for  keeping  a  fast  on  the  Lords 
daye ;  that  he  had  tackne  the  oath  of  obedience,  and  other  unlaufull  oathes, 
from  intrants  ;  that  he  had  admitted  intrants  acording  to  the  Booke  of 
Ordinatione ;  that  in  provincial!  synods  he  had  played  rex,  and  tlier  had 
made  canons  concerning  fasting,  without  the  advyce  of  the  Assemblye  or 
consent  therof ;  that  he  had  suspended  the  e.Kcommunication  of  a  papist  in 
the  very  acte  of  pronouncing  the  sentence  ;  that  he  had  relaxed  the  old 
Lady  Abercorne  from  the  sentence  of  excommunicatione,  without  consent 
of  his  bretheren,  or  any  satisfaction  givne  upon  her  pairte  ;  that  he  had  freed 
some  who  wer  lying  under  the  slander  of  inceste  from  churche  censures, 
without  consent  or  advyce  of  anye  ;  that  at  the  request  of  Elizabeth  Gordon, 
Lady  Wardesse,  he  had  consecrated  a  chapell  at  Tillifour,  after  the  super- 
stitiouse  forme  and  manner ;  finally,  that  he  was  ane  apostate,  because,  when 
he  was  minister,  he  had  subscrybed  the  protestatione  of  the  ministrye  against 
bishopps,  anno  160G,(2)  and  at  that  tyme  was  a  great  inveigher  and  persecuter 
of  episcopall  ministers  ;  yet  therafter  that  he  turned  with  the  tymes,  and 
had  givne  brybes  to  gett  himself  preferred  to  be  bishopp,  and  had  turned 
as  violently  to  the  other  extreme.  For  thes  crymes,  which  wer  either  provne 
or  tackne  for  graunted,  and  for  his  refoosall  to  compeir  and  ansuer,  the  most 
pairt  of  the  Assembly  voted  him  to  be  excommunicated,  besyde  ther  unanl- 
mouse  vote  for  his  deposition  from  his  episcopall  and  ministeriall  functioned) 


(0  [Dr.  Adam  Bellenden,  second  son  of  Sir  John  Bellenden  of  Auchnoul,  was  promoted 
to  the  see  of  Dunblane  in  1615,  whence  he  was  translated  to  that  of  Aberdeen  in  1633. 
After  the  Glasgow  Assembly  he  fled  into  England.  In  December,  1640,  he  was  living-  in 
London,  "  in  g^-eat  poverty  and  misery."  Baillie's  Letters,  vol.  ii.  p.  232.  He  survived 
the  month  of  April,  1642.     Spalding  s  Hist.  Troub.  vol.  ii.  pp.  39,  40.] 

(2)  [Calderwood,  p.  531.] 

(3)  ["  The  next,"  says  Baillie,  "  that  came  to  be  sentenced  was  Aberdeen.  His  proper 
faults  were  great  slanders  of  frequent  simony  ;  that,  though  he  was  removed  from  the 
chapel.royal  to  Aberdeen,  as  one  who  did  not  favour  well  enough  Canterbury's  new 
wayes,(')  yet  he  had  been  found  as  forward  as  any  to  press  the  canons  and  liturgy  ;  that 
he  suspended  ministers  for  fasting  on  Sundays  ;  that  he  enacted  in  his  synod,  without  voicing, 

(1)  [See  Lord  Hailes'  Memorials  of  Charles  the  First,  pp.  5,  6,  8,  9,  II,  12  i  Hejlyn's  Life  of  Laud,  p.  323  ] 


134  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.        LXXVII.  Mr.  Johne  Maxwell,  bishop  of  Rosse,  stoode  in  greater  op- 
„  "TT  positione  with  ther  tenents   and  proceedings  then  to  ansuer,  although  he 

Maxwel,  was  the  next  who  was  publickly  citted  at  the  church  door  to  ansuere.    The 

bishop  of  Ross,  cryjjjes  particularly  objected  to  him  wer  (besyde  the  generall  sinn  of  all  his 
order),  that  for  some  yeares  past  he  had  caused  reade  the  Service  Booke 

publick  fastings  to  be  kept  on  Wednesdays  only  ;  consecrating  the  chapel  of  an  infa- 
mous woman,  the  Lady  Wardhouse(i)  ;  stayed  at  his  pleasure  processes  against  Papists  and 
incestuous  persons.  He  had  not  subscribed  the  declinature,  as  was  thought,  for  lack  of  no 
good  will,  but  only  through  distance  of  place  the  writ  could  not  in  time  be  conveyed  to 
him.  That  defect  in  his  process  was  supplied  by  the  moderator,  with  a  discourse  of  his  singu- 
larly malicious  apostasy,  that  he  had  been  a  man  by  appearance  but  too  zealous  against 
bishops,  and  all  their  course  ;  so  that  his  vehemency,  beyond  the  grounds  of  any  reason,  he 
knew  offended  his  wise  and  learned  neighbour  Mr.  Patrick  Simpson.  We  decreed  him  to 
be  excommunicated."     Letters,  vol.  i.,  p.  135. 

"  The  Bishop  of  Aberdeines  proces  was  red,  and  the  probation  thereof. 

"  Mr  John  Row  declaired,  that  he  subscryved  the  Protestation  given  in  to  the  Parlia- 
ment 1606,  and  that  there  wes  no  man  more  against  Bishops  in  the  toune  of  Stirling  nor 
he  ;  and  he  was  raightilie  offendit  at  Mr  John  Grahame,  who  was  taking  a  bishoprick ;  yet, 
nevertheless,  he  was  the  man  that  tooke  out  the  bishoprick  out  of  Mr  John  Grahames 
hand.(2)  I  remember  when  he  subscryvit  the  Protestation,  he  subscryvit  verie  neir  the 
end  of  the  paper  ;  and  it  began  to  weare,  when  he  began  to  get  the  bishoprick,  we  said  he 
was  going  to  loupe  the  dyke. 

"  The  Moderatour  said — Mr  Patrick  Symsone  said  to  me,  he  never  lyked  Mr  W" 
Coupar,  and  Mr  Adam  Ballantyne  ;  for  they  were  too  violent  against  Bishops,  without  any 
light,  or  good  reasons ;  and,  therefore,  he  feared  that  they  should  never  be  constant. 

"  Auldbar  and  Mr  David  Lyndsay  declaired  that,  they  being  in  the  Bishops  house, 
when  Auldbar  said,  '  The  only  meane  to  take  away  abuses  and  disorders  in  this  Church  was 
a  free  General  Assembly,'  he  arose  in  a  great  flame  and  passion,  and  said  '  The  first  article 
that  they  would  make  then  will  be  to  pull  the  crowne  off  King  Charles  head.' 

"  Moderatour  said — Though  his  hand  be  not  at  the  Declinatour,  yet  he  has  not  submitted 
himselfe  to  the  Assembly,  and  this  would  be  considered  beyond  the  rest,  (I  may  call  it  so,) 
his  apostacie ;  for  the  being  once  of  our  opinion,  and  now  so  far  degenerat,  that  he  is  become 
osor  sui  facti. 

"  Mr  Andrew  Cant  said — There  entered  a  contest  betwixt  Craigievar  and  this  Mr 
Ballantyne,  concerning  the  patronage  of  the  Kirk  of  Kinghorne,  [Kincardine  O'Neil,]  and 
was  long  agitat  before  the  Lords.     Alwayes  Craigievar  presented  a  Cusing  of  his,  and  the 

(1)  [Dame  Elizabeth  Gordon,  wife  of  Sir  John  Leslie  of  Wardhouse,  who  died  on  the  29th  November,  1640. 
On  the  22d  June  following,  she  married  Sir  Alexander  Gordon  of  Cluny.  She  died  at  Durham  on  the  2d 
December,  1642  ;  '*  and  wes"  says  Spalding,  '*  bureit  honestlie  out  of  hir  awin  native  soyll  : — a  woman  of 
suspect  chastetie,  and  thoeht  over  familiar  with  Sir  Alexander  Gordoun  laird  of  Cluny  forsaid,  thir  many 
yeires  bygone,  in  hir  first  husbandis  tyme,  and  thoclit  an  evill  instrument  to  the  dounethrowing  of  both  ther 
fair  and  florishing  estaites."  Hist,  of  Troubles,  vol.  ii.,  p.  101.  Arthur  Johnstone  has  commemorated  her 
charms  in  three  poems,  "  De  Elizabetha  Gordouia  Wardesiae  domina."  Arturi  Jonstoni  Poemata  Omnia,  p. 
424.      Middelb.  1642.] 

(2)  ["Mr.  Adam  Bannatine  Minister  at  Falkland,  and  sometime  a  vehement  opposit  against  Bishops,  suc- 
ceeded to  Mr.  George  Graham  in  the  Bishoprick  of  Dumblane.  He  had  said  before,  that  Mr.  George  Graham 
the  Undoch  {U  of  Bishops,  had  gotten  the  Bishoprick  of  Dumblane  the  Excrement  of  Bishopricks.  Now  he 
is  not  ashamed  to  lick  ud  his  excrements,  and  to  accept  that  mean  Bishoprick,  to  patch  up  his  broken  Laird- 
ship  of  Kinnocher.''      Calderwood,  p.  650.] 

(1)  [■*  UNDOCH,  Undocht,  Undooght,  Wandodght,  s.  A  weak  or  puny  creature,  one  who  is  good  for  no- 
thing ;  applied  both  to  body  and  mind."    Jamieson,] 


Ch.  lxxvil]  history  of  scots  affairs.  135 

publickly  in  his  cathedrall  churclie ;  that  he  used  for  to  bowe  his  knee  befor  A.  D.  1638. 
the  altar  ;  that  he  used  the  surplice  at  divyne  service  ;  that  he  had  deposed 
holy  and  learned  ministers  (for  non  conformitye),  and  had  putt  in  ther  places 
unlearned  and  profane  whore  masters ;  that  he  conversed  familiarly  with 
profest  papistes  and  excommunicats,  and  being  advertished  of  it,  ansuered 
he  had  rather  converse  with  them  then  with  puritans  ;  that  having  suspended 
some  ministers,  without  consent,  he  bidd  such  as  complained  of  it  goe  to 
the  sighinge  sisters  and  regrate  it  to  them  ;  that  he  had  playd  at  cartes 
and  dyce,  and  drunkne  excessivly,  the  very  Lordes  daye  that  he  had  com- 
municated ;  and  that,  besyde  his  ordinar  playing  at  cartes  and  dyce,  he  had 
used  such  exercise  oftne  on  the  Lordes  daye  ;  that  he  had  receaved  a  minister 
who  was  suspended  for  marrying  incestouse  persones,  for  no  other  cause  or 
satisfactione  but  because  the  minister  had  givne  him  his  bande  of  confor- 
mitye ;  that  he  had  most  crwelly  extortioned  his  vassalls,  having  reduced 
some  of  them  to  extreme  povertye  and  miserye  :  that  he  had  appointed  sett 
fastes  upon  Fryday ;  that  he  was  an  ordinar  profaner  of  the   Lordes  daye ; 

Bishop  impedit  him,  pretending  that  the  King  had  the  right,  and  consequentlie,  the  Bishop 
of  Aberdeine.  At  last,  the  Bishop  gave  Craigievar  160  merks  to  desist,  to  the  end  that  the 
Bishops  sone  might  get  the  place. (i) 

"  Mr  Thomas  Mitchell  deelaired  that  he  was  present  by  accident  when  he  did  consecrat 
a  chappell,  the  chappell  being  richlie  hung,  and  all  the  rest  of  it.  The  lady  came  in,  and 
gave  him  a  catalogue  of  the  things  that  are  within,  which  she  had  wrought  with  her  owne 
hands,  and  desyred  that  they  might  be  dedicat  to  God,  and  so  delyvered  the  key  to  the 
Bishop,  who  went  in  and  preached  a  sermon  of  consecration,  and  baptised  a  child,  and  then 
went  to  their  feisting.     His  text  was  upon  Solomons  dedication  of  the  temple. 

"  Then  the  rolles  were  called. 

"  Mr.  Alexr  Kerse  said — Besyde  that  he  is  guiltie  of  the  breake  of  the  Caveats,  there 
are  many  grosse  faults  proven  against  him ;  and  therefore,  albeit  he  has  not  subscry vit  the 
declinatour,  he  deserves  deposition  and  excommunication. 

"  And  the  whole  Assembly  voited  the  samine,  except  Mr  Richard  Inglis,  and  two  or 
three  more,  who  voited  onlie  to  his  deposition."     Records  of  the  Kirk,  pp.  170,  171. 

"  Abredonensi  Episcopo  objectum  prseter  vulgaria  Episcoporum  crimina,  flagrans  Simonige 
scandalum,  quod  libros  illos  Canonum  &  liturgise  pastoribus  obtrusisset,  quod  pastores  a 
ministerii  functione  suspenderit,  quia  die  Dominico  jejunium  publicum  celebrassent ;  quod  in 
Synodis  provincialibus  tyrannidem  exercuisset,  ac  in  iis  Canones  de  jejuniis  condiderit,  pas- 
toribus non  consultis  ;  quod  Capellas  superstitiose  dedicassct ;  quod  Pontificios,  &  incestus 
scandalo  flagrantes  ab  ecclesiasticis  censuris,  reluctante  ecclesia,  liberasset :  Addebant  alii, 
malitiosse  apostasiae  crimen  foedum  ;  nam  licet  olim  disciplinae  purioris  acerrimus  esset  pro- 
pugnator,  ac  praefervido  zelo  coUegis  gravis  fuisset;  postea  tamen  tempori  &  scenae  serviens, 
Episcoporum  conatibus  promovendis  scse  totum  tradiderit :  Quare  ab  omni  functione  eccle- 
siastica  deponitur  ac  Excommunicandus  decernitur."     Historia  Motuura,  pp.  267,  268.] 

tl)  [•'  Upon  the  24th  of  Novemher  [1639],  Mr.  David  lic'nend5n,  sone  to  the  bishop,  and  person  of  Kincar- 
dine, departed  this  life  in  his  father's  house ;  and,  without  ane  funeral  sermon,  was  buried."  Spalding-,  Hist. 
Troub.  vol.  L,  p    86.] 


136  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  that  he  had  no  flocke  which  he  tooke  the  charge  of ;  that  he  had  turned  his 
backe,  in  a  manner,  upon  his  charge,  and  had  involved  himself  wholly  into 
secular  affaires,  and  was  become  a  constant  attender  of  the  Kings  court  or 
councell ;  that  he  defended  many  grosse  errors  of  poperye,  and  all  the  he- 
terodoxies of  the  Arrainians,  publickly  both  by  himself  and  his  associatts  ; 
finally,  that  he  was  a  maine  instrument  of  all  the  troubles  and  calamityes  of 
the  kyngdome  for  some  tyrae  past,  ane  abbetter  therof,  a  boutefeu  betuixt 
the  King  and  his  loyall  subjectes,  stirring  upp  the  King  against  them ;  that 
his  crymes  wer  notoriouse  ;  that  he  had  declyned  the  Assembly  and  refoosed 
to  appeare  :  For  which  reasones  the  Assembly  did  vote  him  to  be  deposed, 
and  to  be  excommunicated  as  infamouse.O) 
Mr.  James  LX XVIII.   The  next  bishop  called  upon  was  Mr.  James  Wedderburne, 

Wedderburn,    bishop  of  Dumblaine,*  who  lately  was  fledde  to  Englande.     It  was  objected 
Dunblane.         against  him  that  he  had  been  very  active  in  drawing  upp  the  Booke  of  Canons 
and  Service  Booke,  and  therin  had  concurred  with  the  bishopp  of  Rosse  ; 
that  he  had  rigorously  obtruded  them  upon  the  ministers  ;  that  all  the  tyme 

(1)  [Historia  Motuum,  p.  268;  Records  of  the  Kirk,  p.  171.  "Ross  followed," 
says  Baillie ;  "  his  process  was  no  ways  perfect.  The  long  legend  of  his  erroneous  doc- 
trines was  clerin  omitted.  It  was  committed  to  Durie  to  search  for  witnesses  of  a  number 
of  errors,  which  all  knew  he  gloried  to  preech  even  in  Edinburgh  ;  but  Uurie's  information 
came  not  in  tmie  ;  however,  it  was  proven  that  two  years  ago  he  was  a  public  reader  in  his 
own  house  and  cathedral  of  the  English  liturgy  :  that  he  was  a  bower  at  the  altar,  a  wearer 
of  the  cope  and  rotchet,  a  deposer  of  godly  ministers,  and  an  admitter  of  fornicators  a  com- 
panion with  Papists,  an  usual  carder  on  .Sunday  ;  yea,  instead  of  going  to  thanksgiving  on 
a  cimimuuion-day,  that  he  called  for  cards  to  play,  had  often  given  absolution,  consecrate 
deacon?,  robbed  his  vassals  of  40,000  merks,  kept  fasts  ilk  Friday,  journeyed  usually  on 
Sunday,  had  been  a  chief  decliner  of  the  assembly,  and  a  prime  instrument  of  all  the  troubles 
both  of  church  and  state.  Of  his  excommunication  no  man  made  question."  Letters,  vol. 
i.  p.  136.] 

*  Nota  :  Spang,  in  his  Historia  Synodi,  [Historia  Motuum,  p.  274]  referres  the  sen- 
tence and  depositione  of  the  bishop  of  Dunblaine  to  session  ninetenth,  December  twelfth, 
die  Mercii7  ii ;  yet  Mr.  Thomas  .Vbcrnetthy,  who  was  present  at  the  .Assembly,  referrs 
him  to  this  seventeenth  session,  and  affirmes  that  it  was  night  when  he  was  calld  upon,  and 
that  for  want  of  light  to  wrytte,  he  could  not  gett  his  crymes  insert:  so  sayes  his  manu- 
script, which  is  in  my  hands  at  the  vvrytting  of  this.  [The  deposition  of  tlie  bishop  of 
Dunblane  soenis  to  have  been  in  the  seventeenth  session,  on  the  tenth  December.  See 
Records  of  the  Kirk.  pp.  43,  171-  Spang  appears  to  have  been  misled  by  his  correspondent 
Baillie.  See  his  Letters,  vol.  i.  p.  141.  "I  forgot  Duniblane's  process  Though  he  did 
not  subscribe  the  declinature,  neither  was  person.dly  summoned,  having  fled  to  England; 
yet  was  he  excommunicated,  as  one  who  had  been  a  special  instrument  of  all  our  mischiefs, 
having  corrupted  with  Arminianism  divers  with  his  discourses  and  lectures  in  St.  Andrew's, 
whose  errors  and  perverseness  kythes  this  day  in  all  the  nooks  of  the  kingdom,  having  been 
a  special  penner,  practiser,  urger  of  our  books,  and  all  novations.  What  drunkenness, 
swearing,  or  other  crimes  were  libelled,  I  do  not  remember."] 


Ch.  lxxix.]  history  of  scots  affairs.  137 

of  his  being  bishop  that  he  had  so  carryd  himself  as  if  he  had  tackne  plea-  ^-  D.  1638 
sure  to  trample  upon  the  churche;  that  he  was  lying  under  a  pregnant 
scandall  of  drunknesse,  swearing,  and  profaning  the  Lordes  daye ;  that 
when  he  was  professor  of  divinitye  in  Saint  Andrews,  it  was  his  uswall  cus- 
tome  for  to  inveighe  upon  many  of  thes  thinges  that  are  receaved  in  the 
reformed  churches,  and  to  render  them  distastfull  to  the  hearers,  his 
scollers ;  that  he  praised  the  wryttings  of  papistes  and  Arminians,  and  re- 
commended them  to  his  hearers  above  all  others,  wherby  he  did  infect  them 
with  all  the  Arminian  errors,  and  not  a  few  popish  errors  also,  wherby  many 
pairtes  of  the  kyngdome  wer  infected,  and  felt  the  evill :  For  which  rea- 
sones,  with  unanimouse  vote,  he  was  presently  degraded  from  the  minis- 
teriall  funetione,  and  ordained  to  be  excommunicated  solemnlye. 

LXXIX.  As  earles,  at  ther  creatione,  use  to  have  some  nominate  Mr.  James 
knyghtes,  to  attend  them  who  at  that  solemnity  are  knyghted,  so  the  '^"■'syth. 
bishopps,  at  ther  degradatione,  had  some  ministers  who  bore  them  com- 
panye.  In  the  closure  of  this  sessione,  one  Mr.  James  Forsythe,(')  a  minis- 
ter, was  citted  to  compeer.  His  accusatione  being  reade,  bore  that  he  was 
a  lewd  man  in  doctrine,  lyfe,  and  conversatione ;  that  he  taught  Arminian- 
isme ;  that  one  daye,  being  in  company  of  ane  other  minister,  as  he  was 
about  to  distribute  the  elements  of  the  communion,  he  interrupted  his  col- 
league, saying,  Siste  parumper  f rater,  est  quod  ag am,  and  then  immediatly 
brought  in  a  serjeant  or  messenger  at  arraes  to  the  churche,  whom  he  caused 
instantly  charge  all  his  parishioners  with  horning  to  pav  him  his  vieerao-e, 
who  wer  conveened  to  the  number  of  eighteen  hundereth  communicantes,  at 
which  some  wer  so  scandalised,  that  presently  they  left  the  church  and  would 
not  communicate  (and  no  marvell  they  did  so,  if  this  was  true),  but  forsooke 
ther  devoutions.<2)     My  informer*  complaines  he  had  not  light  to  wrytte  the 

(1)  [Minister  at  Kilpatrick.] 

(2)  [Records  of  the  Kirk,  p.  171.  "  Mr.  James  Forsyth  bare  up  the  bishops  train  that 
day.  His  bill  carried  sundry  foul-like  faults,  whereof  they  say  he  might  have  cleared  him- 
self for  the  most  part ;  but  it  was  his  humour  to  be  a  decliner  of  the  assembly,  and  for  no 
request  of  friends  would  p?.ss  therefrom.  He  was  accused  of  reading  an  inhibition  for  the 
teinds  against  his  people  on  the  first  communion-day  at  the  table,  and  betwixt  sermon  and 
celebration  ;  for  teaching  the  lawfulness  of  bowing  at  the  name  of  Jesus  ;  that  our  covenant 
was  seditious,  treasonable,  Jesuitic  :  that  who  kneeled  not  got  no  good  at  the  communion. 
He  gave  money  at  his  entry  for  his  place,  and  struck  a  beggar  on  the  Sabbath-day.  A 
number  of  sucli  things  were  libelled,  and  urged  hotly  against  him.  The  moderator,  and 
others,  for  his  sister's  sake,  had  a  great  mind  to  have  delayed  him ;  but  no  man  speaking  for 
him,  he  was  deposed."     Baillie's  Letters,  vol.  i.  p.  136.] 

•   Mr.  T.  A.  [Thomas  Abernethy.] 


138  HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 

A.  D.  \mii.  rest  of  Mr,  James  Forsyth  his  crymes  :  However,  he  was,  by  unanimouse 
vote,  depryved  from  his  ministrye,  and  appoynted  to  be  excommunicate,  ex- 
cept he  make  his  publicke  repentance  ;  but,  in  speciall,  if  he  doe  not  retreate 
his  subscriptione  to  the  declinator  givne  against  the  Assembly,  and  ob- 
leidge  himself  to  obey  all  the  actes  therof.  And  with  his  sentence  the 
sessione  ended  for  that  night. 
Mr.  John  LXXX.  The  next  day.  In  the  fornoone,  they  satt  againe,  and  proceeded 

(iraiiaraj         ^jjjj  ^j^g  tryall  of  the  rest  of  the  bishoj)ps.    Mr.  [George]  Grahme,(i)  bishopp 
Orkney.         of  Orkney,  was  first  publickly  citted.    His  accusation  was  the  breatch  of  all 
Sf'ssio  Iti.     the  cautions;  that  he  had  tackne  bandes  from  ministers  at  ther  entrye  for 
December      .  ^^  observe  Pearth  Articles,  etc.;  that  he  was  a  publicke  profaner  of  the 
Lordes  daye  ;  that  he  had  sqwandard  and  dilapidate  the  church  living  in 
favours  of  his  sonnes  and  of  other  gentlemen ;  that  he  had  not  putt  churche 
censurs  in  execution  against  adulterers  and  divyners  ;  that  he  had  extor- 
tioned the  ministrye  for  a  contributione  for  to  reedifie  his  cathedrall  churche  : 
His  maine  accuser  was  one  Mr.  William  Steward.    His  sentence  was  (seing 
he  had  sent  his  submissive  epistle  to  the  synode,  wherin  he  declared  that  he 
would  yeild  obedience  to  all  the  actes  therof,  and  had  therin  declared  that 
he  never  loved  the  noveltyes  obtruded  upon  the  churche  by  the  bishopps), 
that  he  should  only  be  deposed  from  the  ministerial!  functione  ;  cvnd,   in 
caise  he  gave  not  seriouse  signes  of  repentaunce  (which  the  yeare  following 
he  gave  in  to  the  Assemblye  at  Edinburgh  by  a  solemne  subscrybed  recan- 
tatione),  for  to  bee  excommunicate.^^) 
Mr.  John  LXXXI.  The  next  who  was  citted  in  order  with  the  rest,  was  Mr.  Johne 

(iiithry. 

(1)  [George  Graham,  son  of  the  hiird  of  Inclibraky,  was  promoted  to  the  see  of  Dunblane 
in  1606,  whence  he  was  translated  to  that  of  Orkney  in  161  j.  "  He  was,"  says  Bishop 
Keith,  "  very  rich,  and  being  threatened  by  the  Assembly  at  Glasgow,  he  renounced  his 
Episcopal  function  ;  and,  in  a  letter,  declared  his  unfeigned  sorrow  and  grief  for  having  exer- 
cised such  a  sinful  office  in  the  church.  By  this  submission,  being  only  deposed,  he  was  not 
excommunicated  ;  and  thereby  he  saved  his  estate  of  Gorthie  and  the  money  he  had  upon 
bond,  whicli  otherwise  would  all  have  fallen  under  escheat."  Catal.  of  Scot.  Bishops,  |). 
227.  "  He  was  a  man  of  a  little  spirit,  so  that  being  threatened  by  the  Covenanters,  he 
abjured  episcopacy  in  a  very  abject  manner  1639,  and  joining  the  Presbyterians  took  the 
charge  of  a  privat  parish."     MS.  Account  of  Scotish  Bishops.] 

(2)  [Historia  Motuum,  p.  269;  Records  of  the  Kirk,  p.  171.  "Orkney's  process 
came  first  before  us.  He  was  a  curler  on  the  ice  on  the  Sabbath-day  ;  a  setter  of  tacks  to 
his  sons  and  good  sons,  to  the  prejudice  of  the  church  ;  he  oversaw  adultery,  slighted 
charming,  neglected  preaching,  and  doing  any  good  there  ;  held  portions  of  ministers 
stipends  for  building  his  cathedral :  yet  for  his  mislike  of  ther  late  novations,  and  letter  of 
submission  to  the  synod,  he  was  only  deposed,  and  ordained,  under  the  pain  of  exconmunii- 
cation,  to  give  tokens  of  repentance  against  such  a  day."    Baillie's  Letters,  vol.  i.  ]i.  137.] 


Ch.  lxxxi.]  history  of  scots  affairs.  139 

Guthrye,  bishopp  of  Murreye.(')  His  accusatione  was,  besyde  the  breache  of  A.  D.  Ki.-J 
the  cautions,  that  he  had  putt  on  the  surplice  in  the  High  Church  of  Edia-  ."  : 
burgh,  anno  1633,  and  had  then  professed  that,  for  to  please  the  King,  he  Murray. 
would  become  yet  mor  vyle ;  that  he  had  sold  churches,  particularlye  had 
sold  the  benefice  of  Abercherder,(2)  to  Mr.  Richard  Maitland,  which,  if  it  wer 
true,  its  lycke  that  Mr.  Richard  bought  it  deer,  being  accused  by  the  pres- 
bytrye  of  Strabogye  at  that  tyme  for  having  bought  it  from  the  cedent,  (Mr. 
Walter  Haye) ;  that  he  had  givne  warrant  for  to  baptise  children  begottne 
in  fornicatione  without  consent  of  the  ministrye  or  satisfactione  by  the 
pairtye  ;  that  he  had  suffered  one  Mr.  Johne  PeeterC')  to  teache  Arminian- 
isme.  After  some  contest  about  the  manner  of  his  censure,  it  was  voted, 
because  he  was  not  personally  citted,  that  he  should  only  be  deposed  for  the 
tyme ;  and,  in  caise  he  macke  not  his  publicke  repentaunce  in  Edinburgh, 
wher  he  had  preached  befor  King  Charles  with  a  surplice,  to  the  great 
scandall  of  the  zeelouse  people  ther,  that  he  shall  be  excommunicated  upon 
his  refusall  to  submitt  to  the  Assemblys  ordinance,  which  was  afterward 
acordingly  done  solemnly  upon  his  contumacye.('') 

(1)  [John  Guthrie,  laird  of  That  Ilk,  minister,  first  at  Perth,  afterwards  at  Edinburgh, 
was  promoted  to  the  see  of  Murray  in  162.3.  After  the  Glasgow  Assembly,  "  he  did  not, 
as  other  Bishops,  fly  into  England,  but  kept  possession  of  the  Castle  of  Spynie  ;  and  when 
the  Covenanters  took  arms  anno  1640,  he  garrisoned  it.  But  in  July  that  year,  Major 
General  Munro  marched  with  300  men  to  reduce  it.  Mr  Joseph  Brodie,  Minister  at  Keith, 
and  son-in-law  to  the  Bishop,  prevailed  with  him  to  surrender,  on  July  16th,  and  only  the 
arms  and  riding  horses  were  carried  oft'.  The  Bishop  retired  to  his  paternal  inheritance  of 
Guthrie  in  Angus."  Shaw's  History  of  Moray,  p.  318.  "  Here  he  lived  contentedly  and 
hospitably,  and  dyed  much  lamented."  MS.  Account  of  the  Scotish  Bishops.  See  Keith's 
Catal.  Scot.  Bish.'  p.  152.] 

(2)  [Now  more  commonly  called  Marnoch,  from  the  patron  saint.  Saint  Marnoch,  or  Mar- 
nan,  whose  reliques,  preserved  here,  were  of  old  held  in  great  reverence.  See  Registrum 
Moraviense,  pp.  246 — 231.] 

(3)  [Probably  "  Mr.  John  Peter,  minister  at  St.  Andrews  Kirktoun,  in  Murray,"  who, 
about  April,  1640,  "was  deprived  for  not  subscriveing  the  covenant."  Spalding,  Hist,  of 
Troub.,  vol.  i.,  p.  195.] 

(■1)  [Moraviensi  episcopo  preter  vulgaria  Episcoporum  omnium  criniina,  objicitur,  quod 
ille  primus  ausus  fuerit  superpelliceo  indutus  sacra  peragere,  in  primario  Edenburgenfe  civi- 
tatis  templo,  anno  1633.  professus  se  in  regis  gratiam,  quern  palpabat,  viliorem  adhuc 
futurum  ;  Ab  omni  ecclesiastica  functione  removetur  ;  nequaquam  tamen  excommunicandus, 
nisi  Synodi  judicio  sese  submittere  renuat."     Historia  Motuum,  p.  269. 

"  Murray  had  all  the  ordinary  faults  of  a  bishop ;  besides  his  boldness  to  be  the  first  who 
put  on  his  sleeves  in  December,  made  many  urge  his  excommunication  ;  but  because  he  was 
not  formally  summoned,  the  moderator,  with  some  piece  of  violence,  kept  him  from  that 
sentence ;  and  when  some  objected  publickly,  he  assured  he  had  no  reason,  for  of  all  the 
bishops,  he  had  been  to  him  most  injurious.  I  assented  the  more  willingly  to  the  modera- 
tor's lenity  in  this,  hoping  to  have  obtained  to  poor  Glasgow  the  like  favour ;  which  he 


140  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1038.         LXXXII.  After   some  conferences   and   delayes,    the   archblshopp    of 

,,    p     .  ,  Glasgow,  Mr.  Patricke  Lindsey,W  who  all   the  whyle  was  resident  in  his 

Lindsay,  aun  house  (hard  by  the  Asembly),  was  called  upon.      It  was  reported  that 

archbishoi)  j^g  ^^^g  Contented  verbally  to  passe  from  the  bishopps  declinator  (wharof  he 

ot  tilasgovv.  .  r  ri  ... 

was  a  subscryber),  but  only  he  would  recant  it  verbally,  not  by  his  subscnp- 
tione.  The  Asemblye  thought  not  that  sufficient ;  therfor  they  proceeded 
to  his  tryall,  though  he  refoosed  to  compeir.  The  articles  that  he  was 
accused  upon  was  that   (besyde  the  common  guilt  of  all  the  bishopps)  he 

instantly  craved,  but  all  in  vain.  A  fourteen  days  ago  Mr  Henry  RoUock  excommunicated 
Murray,  and  that,  as  I  tliink,  in  the  great  church,  to  perform,  as  he  said,  tlie  man's  own 
prophecy,  who  said  in  that  place,  he  would  yet  be  more  vile  to  please  the  King.  There 
was  objected  against  hira,  but,  as  I  suspect,  not  sufficiently  proven,  his  countenancing  of  a 
dance  of  naked  people  in  his  own  house,  and  of  women  going  barefooted  in  pilgrimage  not 
far  from  his  dwelling."     Baillie's  Letters,  vol.  i.,  p.  137. 

"  Then  there  was  given  in  a  proces  against  Mr  John  Guthrie,  pretendit  Bishop  ot 
Murray,  wherein  it  was  found  that  he  had  transgressed  all  the  Caveats.  It  was  objected 
that  the  Assembly  could  not  proceed  against  him,  in  respect  he  was  not  personallie  sum- 
mondit.  The  clerk  answered  that  he  had  sumuionded  him  at  the  Kirk  of  Edinburgh  and 
Leith,  the  ordinarie  places  of  citatione  in  ecclesiasticall  causes.  ^tHie,  That  he  was  per- 
sonallie summonded ;  but  the  executions  of  the  summonds  was  not  produced ;  3""'^,  It  was 
answered,  that  the  2  Caveats  obleissed  every  ane  of  them  to  compeir  before  everie  As- 
semblie,  to  make  accompt  of  their  doings ;  4,  That  the  protestatione  was  sufficient,  protest- 
ing that  it  might  be  instead  of  sunnnonds  for  them. 

"  Mr  Androw  Cant  said  that  he  knew  him  to  be  a  common  ryder  on  the  Sabbath  day, 
and  lykewayes  that  he  was  a  prettie  dancer,  as  Mr  Thomas  Abernethie  can  testifie.  At 
his  daughters  brydell,  he  danced  in  his  shirt.  Lykewayes,  Mr  Androw  said,  that  he  con- 
veyed some  gentlewoman  to  a  ehappell,  to  make  a  pennance,  all  bair  footed.  This  Mr 
Thomas  Abernethie  declaired  to  be  of  trueth. 

"  Mr  Frederick  Carmichaell  said,  that  the  Bishop  being,  by  occasion,  ryding  from  the 
church  on  the  Sunday  morning,  he  was  desyred  to  stay  all  the  night,  becaus  it  was  the 
Sabbath  day.  He  answered,  he  would  borrow  that  piece  of  the  day  from  God,  and  be  as 
good  to  him  some  uther  gate. 

"  The  Moderatour  said — I  think,  though  he  hes  not  subscryvit  the  declinatour,  yet  deposi- 
tion should  passe  against  him,  if  the  Assemblie  thinks  it  good  ;  and,  if  he  declair  his  contu- 
macie  afterward,  when  the  sentence  of  the  Assemblie  comes  to  his  hearing,  they  will  declair 
that  he  shall  be  worthie  of  excommunication. 

"  Then  the  roUes  were  called. 

"  Mr  Alexr  Kerse  said — His  not  subscryving  the  declinatour  deserves  some  mitigating 
consideration.  Therefore,  I  think  he  should  be  deposed  for  the  present,  not  exeeming  him 
from  excommunication,  if  he  continow  obstinat  ;  for  he  deserveth  both  :  and  the  rest  of  the 
iissembly  voited  the  same.  Some  voitcd  that  he  should  make  his  repentance  in  the 
church  of  Edinburgh,  where,  he  said,  he  \\"^  be  more  vyld  in  the  eyes  of  uncals  [unco's, 
strangers'],  for  the  pleasure  of  his  king.  Twelfe  did  voite  he  should  presentlie  be  excom- 
municat."     Records  of  the  Kirk,  pp.  171,  172.] 

(1)  [Patrick  Lindsay,  a  cadet  of  the  old  and  honourable  house  of  Edzell,  was  raised  to 
the  see  of  Ross  in  1613,  whence  he  was  translated  to  that  of  Glasgow  in  1633.  After  the 
Glasgow  Assembly  he  retired  into  England,  where  he  died  at  an  advanced  age,  it  is  said  in 
1641,  certainly  before  the  23d  July,  1644.  Baillie's  Letters,  vol.  ii.  p.  44;  Keith's  C'atal. 
Scot.  Bish.  pp.  264,  265.] 


Ch.  lxxxiii.]  history  of  scots  affairs.  141 

waited mor  upon  court  and  High  Comissione  then  upon  his  charge;  that,    A.  D.  I63t 
for  preaching  twyce  in  his  diocesse,  he  had  receaved  mor  then  fifty  thousand 
merkes  of  emoluments ;  that  he  made  actes  and  constitutions  without  con- 
sent of  his  bretheren,   chaunged  and  made  ministers  and  moderators  of 
presbyterys   at  his  owne  pleasure  ;    that  he  would  suffer  no  expectant  to 
preache  till  he  subscrybed  oathes  with  trifling  articles  in  them  of  his  own 
up  drawing ;  that  he  tooke  unlaufull  oathes  of  ministers  at  ther    entrye ; 
that  he  planted  ministers  in  paroshins  who  understood  not  ther  langwage : 
that  he  charged  ministers  to  receave  the  Service  Booke  with  letters  of 
horning,  wherin  he  was  singular,  and  had  done  the  lycke  by  the  Booke  of 
Canons  at  a  provinciall  synode ;  that  he  gave  a  testimoniall  of  a  good  lyfe 
to  a  very  scandalouse  minister ;  that  he  did  discharge  all  expectants  who 
would  not  first  tacke  the  order  of  deacon,  then  of  presbyter,  and  last  of 
pastor  ;  that  he  both  fyned  and  confyned  the  best  ministers,  and  admitted  of 
others,  without  advyce,  who  were  lewd  men  ;  that  he  was  slow  in  punishing 
crymes,   specially  the   fornicatione  of  one  Alexander  Mortimer  with   the 
bishopps  daughter  in  the  bishops  house ;  that  he  was  a  great  extortioner 
of  his  vassalls  and  ane  oppressor  of  the  ministers,  and  had  tackne  ten  libs. 
Scottish,   from  eache    of  them  yearly,   under   colour  of  his  expences  for 
agenting  the  church  aflPairs  at  court ;  that  he  was  a  seller  of  comissariotts, 
clerkeshipps,  and  procutor  fiscalls  places  for  moneye,   as  also  of  benefices 
and  patronages  ;    that  he  had  stopped  the  processe   of  excommunication 
without  consent  of  the  ministrye,  and  relaxed  some  from  excommunication 
after  that  manner.(')     His  sentence  was  depositione,  and,  if  he  submitt  not  to 
the    Assemblye,   excommunication  ;  to  which  pourpose  he  gott  no  longer 
breathing  tyme  then  the  thirteenth  of  December,  two  dayes  after,  for  to 
advyse;    but  that  day,  for  his  contumacye,  he   was    excommunicate  with 
others  of  the  bishopps. 

LXXXIII.   The  bishop  of  Ardgylle,  or  Lissmoir,  Mr.  James  Fairlie,(2)    Mr.  jamet. 
was  staged  in  the  next  place.    His  crymes  wer  alledged  to  be  that  he  had    F^irley, 
compelled  the  ministry  to  sweare  unlaufull  oathes   (viz.  to  obey  Pearthe    o-yie"'^ " 
Articles,  etc.)  ;  that  he  had  obtruded  the  leiturgye ;  had  profaned  the  Lords 

(1)  [See  Baillie's  Letters,  vol.  i.,  pp.  137.  138  ;  Historia  Motuum,  pp.  269,  270  ;  Record* 
of  the  Kirk,  p.  172.] 

(2)  [James  Fairlie,  one  of  the  ministers  of  Edinburgh,  was  consecrated  bishop  of  Argyll 
on  the  I5th  July,  1637,  according  to  Keith,  or  on  the  8th  August,  1637,  according  to  other 
authorities.  Stevenson's  Hist,  of  Ch.  of  Scot.  vol.  i.  p.  155.  He  afterwards  conformed  to 
the  Presbyterian  policy,  and  became  minister  of  Laswade  in  Lothian.] 


142  HISTORY  OF  SCOTS  AFFAIRS.  [B.   111. 

A.  D.  K).?!^.  daye ;  that  he  had  preached  Arminianisme,  specially  universall  grace,  illus- 
trating  it  by  the  simile  of  a  pilot  in  a  storme,  who  intends  to  save  all  within 
the  shipp  but  is  hindered  by  the  violence  of  the  storme,  not  by  the  will  of 
the  maister  of  the  shippe  ;  that  he  did  not  reside  at  his  charge,  nor  preache, 
and,  though  he  should  doe  so,  that  he  could  not  be  understoode  by  his 
Highland  sheepe  without  ane  interpreter ;  that  he  was  never  in  Argylle 
but  once,  and  that  only  fyve  nightes,  at  which  tyme  he  preached  not  but 
exacted  his  rents.  His  owning  Arminianisme  was  thought  straimge  of  by 
some  who  knew  him  before  tymes  to  be  contrar  mynded  :  some  interpreted  it 
to  be  rather  complyance  with  the  tymes  as  a  waye  to  promotione.(')  When 
his  censure  was  voted,  Mr.  Alexander  Carse,  a  border  syde  minister  (who, 
for  some  years  after,  had  the  praeserybing  leading  vote(2)  in  Generall  As- 
semblyes  till  it  was  appoynted  that  presbytryes  should  beginne  by  turnes  in 
a  following  Generall  Assembly),  jested  at  him,  and  calld  him  a  most  vigi- 
lant pastor,  who  had  never  sleeped  but  fyve  nights  at  his  charge.(^)  He  was 
with  the  rest  voted  presently  to  be  deposed ;  and  in  caise  he  owne  not  the 
actes  of  the  Assembly,  to  be  excommunicate  :  Yet  he  was,  upon  his  con- 
forming to  the  tymes,  in  the  followng  yeares,  placed  againe  into  the  minis- 
trye,  and  sate  in  some  General  Assemblyes  comissionair.*  He  had  been 
but  short  tyme  bishopp,  and  his  exit  was  not  very  farr  distant  from  his  en- 
trado, 
Mj-.  Neil  LXXXIV.  Mr  Nigellt  Campbell,(<)  bishopp  of  The  Isles,  his  accusation 

Campbell,        ^^^  reade  next.     His   sinnes  wer  only  breach  of  the  caveatts,   except  that 

bishop  of  The  i      ,     ,-,      ■  i  i         i         i  i      i  •  i 

Isles.  he  was  a  non-resident ;  had  dilapidate  the  church  goods  by  setting  tackes 

of  the  tithes.*^)     His  censure  was  depositione,  and  except  he  submitt  to  the 

(1)  [Historia  Motuum,  p.  270 ;  Baillie's  Letters,  vol.  i.  p.  138.] 

(2)  ["  In  the  voicing,"  says  Baillie,  "  it  fell  always  on  Mr  Alexander  Carse  to  be  first ; 
very  oft  the  man  delivered  his  voice  in  a  quick  merry  tale,  so  that  he  became  to  us  all  most 
pleasant."     Letters,  vol.  1.  p.  125.] 

(3)  ["  Mr  Alex'  Kerse  said — It  is  said  of  one  that  he  was  so  vigilant  a  Consul  that 
he  sleeped  nane  all  his  tyme,  for  he  was  entered  in  the  morning  and  put  from  it  ere  night. 
So  was  it  with  this  Prelat ;  for  he  sleipit  but  few  nights  in  his  Episcopal!  nest,  and  was  not 
Weill  warmed  in  lus  Cathedrall  chyre,  whill  both  chyre  and  cuschane  was  taken  from  him. 
Therefore,  depose  him  only  ;  and  if  he  obey  not  the  sentence  of  the  Assemblie,  let  him  be 
excommunicat."     Records  of  the  Kirk,  p.  172.] 

•  Anno  1647.  t  Neill. 

(<)  [Niel  or  Nigel  Campbell  was  promoted  to  the  see  of  The  Isles  in  1634. 
(■^)  [Baillie's  Letters,  vol.  i.  p.   138;  Historia   Motuum,  p.  270;    Records  of  the  Kirk, 
p.  172.] 


Ch.  lxxxv.]  history  of  scots  affairs.  143 

Assembly,  excommunicatione.   It  seemes  this  bishopp  was  upon  the  waye  of   A.  D.  1638. 

the  primitive  pietye  that  resyded  in  the  West  Isles,   about  the  Isle  of  Hya,       

in  the  tymes  of  Columba  and  Aidanus ;  being  that,  beyond  all  the  rest,  no- 
thing could  be  objected  to  him  but  his  being  bishopp  :  so  that  in  all  proba- 
bilitye  the  episcopall  sanctitye  was  fled  to  the  confynes  of  Christndorae,  to 
hallow  anew  the  barbarouse  appendices  of  the  Scottish  continent.  Twas 
weall  for  him,  however,  that  his  episcopall  sea  was  at  such  a  distance  with 
the  episcopall  superintendents,  and  himself  stood  at  such  a  near  relatione  to 
ArgyUe  as  his  surname. 

LXXXV.  Much  of  the  tyme  being  spent  in  sentencing  bishopps,  the  Several  mi- 
reere  of  the  sessione  was  fetched  upp  with  the  accusationes  and  censures  of  "'s'^''*  ''e- 
some  ministers,  all  Anti-Covenanters,  (for  it  is  to  be  observed  that  in  thes 
dayes  nothing  could  be  founde  to  be  laide  to  the  charge  of  any  minister 
who  tooke  the  Covenant,)  by  name  Mr.  Andrew  Lambe ;")  Mr.  Johne 
Mackmath  ;('^)  Mr.  Francis  Harvye  ;(3)  all  accusd  of  Arminianisme,  and  lewde 
lyves ;  and  Mr.  Christopher  Knolls,  who,  to  boote,  was*  saide  to  have 
gottne  a  chylde  in  adulterye,  which  his  wyfe  caused  a  freende  of  his  tacke 
upon  him  to  be  father  too.  The  tryall  of  all  thes  accusationes  was  referred 
to  comittyes,  in  the  respective  boundes  wher  thes  ministers  lived. 

In  the  last  place,  Mr.  Thomas  Forrester,  minister  at  Melrosse,  his  accu- 
satione  was  reade,  to  which  it  is  unnecessair  to  adde  any  thinge  by  way  of 
agredgment,  if  all  wer  true.  The  presbytrye  of  Melrosse  are  saide  to  have 
been  accusers  all  of  them.  It  was  affirmed  that  he  had  saide  that  preachino-e 
was  too  common  ;  that  ther  was  [no]  absolute  necessitye  of  it,  and  that  it  was 
no  essentiall  pairt  of  Gods  worshipp  ;  that  himselfe  seldome  preached  on  the 
Lordes  daye  ;  that  he  was  ane  ordinar  profaner  of  it,  by  keeping  courtes 
and  deboshd  conversatione  therupon ;  that  he  saide  that  servile  workes  wer 
laufuU  on  that  daye ;  and  had  shewd  his  hearers,  by  his  example,  in  leading 
in  his  come  upon  that  daye,  for  to  contemne  it ;  that  he  had  mantained  that 
it  was  not  of  morall  institutione,  and  that  all  who  saide  so  wer  leading  men 

(0  [Or  Lawmoiit.     See  Records  ot  the  Kirk,  p.  172.] 
(2)  [See  Baillie's  Letters,  vol.  i.  p.  138.     He  was  minister  at  Chirnside.] 
(3)  [Ibid.] 
•   Spang  has  not  the  confidence  to  insert  this,  although  Mr.  Thomas  Abernethy,  a  ren- 
negado  preest,  deposed  and  chased  out  of  the  popish  communion,  for  two  fornications  he  is 
said  to  have  fallne  into  in  Catnesse,  does,  in  his  manuscript  relation  of  this  Assembly,  racke 
into  thes  ordurs,  and  omitts  nothing  unregistered  which  was  then  published.    [See  Steven- 
son's History  of  the  Church  of  Scotland,  vol.  ii.  p.  636.] 


144  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

backe  to  Judaisrae  ;  that  conceived  prayer  by  the  spirit  was  but  idle  fancyes, 
comparing  such  mens  prayers  to  a  bird  in  a  cadge,  flying  heer  and  ther  ; 
that  ther  cacologies  and  tautologies  wer  intollerable ;  that  the  right  forme 
of  prayer  was  booke  prayer ;  and  of  all  thes,  the  Service  Booke  contained 
the  best,  which  all  both  in  publicke  and  privatt  wer  to  macke  use  of ;  that 
the  readinge  of  the  Service  Booke  (which  he  said  was  a  puire  and  refynd 
booke),  was  mor  necessalre  then  preachinge ;  that  he  baptised  ordinarly 
in  his  chamber,  or  in  privat  elsewher ;  that  at  baptisme  and  absolution  he 
used  the  signe  of  the  crosse ;  that  he  had  caused  breake  the  communion 
tables,  and  had  converted  the  timber  to  privat  uses,  and  in  place  therof  had 
caused  erecte  ane  altar,  which  he  had  caused  enclose  with  a  raile,  wher 
himself  stoode,  giving  the  sacrament  to  the  people  who  stoode  without  the 
chancell ;  he  said  concerning  sitting  at  the  communion,  that  it  was  altoge- 
ther unlaufull,  for  thus  did  men  macke  themselves  alycke  with  Chryst,  sitt- 
ing cheeke  for  cheeke  with  Chryst ;  concerning  Chrysts  presence,  he  saide 
it  was  a  questione  of  curiositye  to  enqwyre  if  Chryst  was  present  ther  sa- 
cramentally,  or  by  transubstantiation,  or  by  consubstantiatione,  since  it  was 
sure  that  Chrystes  body  was  really  present  in  the  Lords  Supper ;  that  he 
did  mantaine  all  the  poyntes  of  Arminianisme,  and  severall  poynts  of  poperye, 
viz.  that  merite  of  workes  wer  Christian  and  commendable,  and  papistes 
who  confyded  in  them  wer  saved ;  that  he  never  used  catechisme ;  that  he 
wanted  all  rclligiouse  worshipp  at  home ;  that  he  had  kept  upp  summes 
of  money  mortifyde  for  plouse  uses  ;  that  he  conversed  with  scandalouse 
companye  ;  that  he  said  our  faith  as  it  was  in  a7mo  1580  is  and  was  a  faith- 
lesse  faithe  ;  that  he  had  railed  at  Knoxe  and  other  reformers  of  the  church, 
and  had  oftne  saide,  both  in  publicke  and  in  private  discourse.  That  in  few 
yeares  they  had  done  mor  hurt  to  relligione,  then  the  pope  and  his  factione 
in  ten  ages;  that  he  commonly  used  to  cause  dryve  his  cowes  through  the 
churche  to  eate  grasse  in  the  churche  yarde,  yea  and  that  he  had  caused 
milke  his  cowes  in  the  churche.(') 

The  laird  of  Lihertoune  and  Phllipp  Nisbitt  proved  that  he  was  in  Scott- 
land  since  his  citatione  to  ansuer  the  Assembly  :  For  all  thes  reasons  and 
others,  he  was,  by  unanimouse  vote,  deposed  from  the  ministeriall  charge  and 

(I)  [Baillie's  Letters,  vol.  i.,  pp.  138,  139;  Historia  Motuum,  pp.  270,  271.  A  satirical 
poem  on  the  Covenanters,  in  the  form  of  a  parody  on  the  Litany,  has  been  sometimes 
ascribed  to  him.  Guthry's  Memoirs,  p.  39.  It  is  printed  in  Maidment's  Third  Book  of 
Scotish  Pasquils,  Edinb.  1838.] 


Ch.  lxxxvi.]  history  of  scots  affairs.  145 

declared  worthy  of  the  highest  church  censures :   And  after  his  censure  past    A.  D.  163b. 

the  sessione  ended. 

LXXXVI.  The  Assembly  raett  againe  Wedingsdaye,  Z)ece/HZi/'/A-  twelve,    Limlsay, 

which  daye  was  the  nineteenth  sessione  therof.    Mr.  Alexander  Lindsev,('^    S?!*''?^,j' 
i-iPT\iii  •  Dunkeld. 

bishop  of  Dunkeld,  was  citted  at  their  downe  sitting.     His  sonne  ansuered      ,.         .,. 

.'  °  ^e&sw  19. 

for  him,  and  presented  to  the  Assembly  a  letter  from  his  father,  wherin  he  December  12. 
shewed  that  he  was  lying  under  a  long  sicknesse ;  that  he  desyred  to  be  con-  Wpt'ingsdaye. 
tinowed  in  his  bishoppricke  if  the  Assembly  intended  to  lett  episcopaeye 
stande  in  vigour  ;  otherwayes,  he  said  he  was  content  to  dimitte  his  place 
and  to  obey  all  the  actes  and  constitutiones  of  the  iVssembly.  His  accusa- 
tion was  that  he  was  avaritiouse ;  that  he  had  sold  the  comissaryes  place  ; 
that  he  planted  ministers,  who  understood  not  Irish,  into  paroshines  wher 
ther  was  not  a  worde  Scottish ;  that,  without  advyce  of  the  ministrye,  he 
had  givne  warrants  for  privett  marriadges ;  that  he  had  erected  ane  new 
paroshin,  and  had  givne  the  rentes  of  ane  hospittall  to  be  the  ministers 
steepende,  wherby  all  who  belonged  to  the  hospitall  (if  any  did)  behoved 
either  for  to  begg  or  starve ;  that  he  had  rejected  able  men  from  the  minis- 
trye because  they  refoosed  to  conforme  to  Pearthe  Articles,  etc.  After  the 
tryall  of  his  guilt,  many  voted  to  excommunicate  him  because  he  had  peti- 
tioned that  (antiepiscopall)  Assembly  for  a  bishoppricke ;  others  saide  he 
ought  to  be  depryved  absolutly  from  the  ministerial!  functione,  and  sul)- 
joyned  that  a  deade  stocke  lyck  him  had  nothing  to  doe  with  such  a  call- 
inge  ;  but  the  major  pairt  determined  the  vote  to  be  that  he  should  be  pre- 
sently depryved  from  his  episcopall  functione,  and  suspended  from  the  mi- 
nistrye till  he  macke  his  publicke  repentaunce  and  macke  sufficient  provi- 
sione  for  the  hospitall  which  he  had  woronged :  And,  for  to  oversee  his 
repentaunce  and  the  restitutione  of  what  he  had  tackne  awaye,  wer  ap- 
poynted  Mr.  Robert  Murrey,  minister  at  Methven  ;  Mr.  Jon  Robertson, 
minister  at  Saint  Johnstoun  ;  Mr.  Johne  Freebairne  ;  Mr.  Johne  Fleeming ; 
Mr.  George  Wishart ;  Mr.  William  Menezes ;  Mr.  George  Summer  ;  the 
lairdes  of  Moncrieff,  and  Lawers ;  and  some  others  who  wer  delegate  as  a 
comittye  to  examine  such  thinges  as  wer  not  made  out  against  him.'^'  This 
was  all  the  favour  that  his  letter  could  purchase,  mor  it  would  if  he  had  nut 

(1)  [Alexander  Lindsay,  brother  to  the  laird  of  Evelick,  was  promoted  to  the  see  of 
Dunkeld  in  1608.  "He  being  threatn'd  1638  and  having  before  amass 'd  riches,  abjur'd 
Episcopacie,  and  accepted  a  private  parish."     MS.  Account  of  Scotish  Bishops.] 

(2)  [See  Records  of  the  Kirk,  p.  173.] 


14G 


HISTORY  OF  SCOTS  Al'FAIRS. 


[B.  III. 


Abernetliy, 
bishop  of 
Caithness. 


Wedderburn, 
bishop  of 
Dunblane. 

Moderator 
ordered  to 
pronounce, 
next  day,  the 
sentence  of 
[deposition] 
of  fourteen 
bisliops. 
Mr.  Andrew 
Rollock   re- 
nounces his 
subscription  of 
the  Declina- 
tor. Sentences 
read  over. 


supplicated  for  a  bishops  place  :  However,  to  encourage  others  to  submis- 
sione,  it  was  appoynted,  after  his  repentauuee,  that  he  should  be  planted  as 
minister  in  the  paroshin  of*   St.  Medoce. 

LXXXVII.  Yow  have  heard  befor  concerning  Mr.  Johne  Abernethy, 
the  bishop  of  Catnesse,  his  submission  to  the  Assemblye.  He  being  citted 
at  this  tyme,  his  accusatione  was  reade,  viz.,  that  he  was  guilty  of  simonye. 
His  censure  was  only  that  he  should  be  deposed  from  the  episcopall  charge, 
and  his  repentaunce  to  be  made  acording  to  his  abilitye  at  the  sight  of  some 
of  his  owne  friendes  (for  he  had  subscrybed  the  Covenant  alreadye),  who 
wer  nominated  to  bee  Mr.  Thomas  Wilkye,  Mr.  Thomas  Abernethye,  Sir 
William  Dowglasse,  Sir  Thomas  Keerr,  and  some  others. 

LXXXVIII.  I  gave  ane  accounte  of  the  accusatione  givne  in  against 
Mr.  James  Wedderburne,  bishop  of  Dumblane,  who  at  this  tyme  was 
enacted  with  others  to  be  deposed  and  excommunicate. 

LXXXIX.  And  now  ther  remained  nothing  but  that  thes  arrestes  of 
the  Assembly  should  be  solemnly  pronounced :  which,  after  some  debate 
about  the  circumstances  therof,  was  concluded  in  ende  to  be  delayed  no 
longer  then  the  next  daye:  The  reason  by  some  was  alleadged,  because 
it  was  to  be  feared  that  the  privy  councell  should  sende  some  new  man- 
date prohibiting  the  pronouncing  of  the  sentence  of  excommunicatione 
against  the  bishopps ;  but  it  is  lycke  that  the  Assembly  would  have  little 
regarded  any  such  warrant.  To  this  pourpose,  therfor,  it  was  ordained 
that  the  moderator,  the  very  next  day,  in  the  great  church  of  Glasgow 
(which  was  the  house  wher  the  synode  sate),  should  solemnly  pronounce 
the  severall  sentences  against  the  fourteen  bishopps  as  they  wer  respectivly 
voted. 

In  the  ende  of  this  sessione  Mr.  Andrew  Rollocke,  minister  at  Dunse, 
came  in  and  renounced  his  subscription  of  the  bishopps  declinator,  protest- 
ing that  he  did  it  out  of  ignorance,  having  been  bredd  upp  in  England,  and 
had  not  been  sufficiently  informed  of  the  constitution  of  the  Church  of 
Scottland  till  now.  The  Earle  of  Hume  stood  upp  and  pleaded  for  him, 
and  shewed  he  had  been  but  two  yeares  in  Scottlande  ;  wherupon  he  was, 
without  furder  censure,  admitted  to  macke  a  publicke  recantatione  in  his 
owne  churche  befor  some  of  his  compresbyters. 

Though  it  was  drawing  towards  night,  yet  the  clerke,  by  warrant  of  the 

*  Sammedoose.  [Now  commonly  written  St.  Madoes.  It  is  situated  within  the  presby- 
tery of  Perth.] 


Cu.   XC]  HISTORY  OF  SCOTS  AFFAIRS.  147 

Assembly)   did  reade  over  all  the  sentences  that  wer  to  be  solemnly  pro-    A.  D.  1638. 
nounced  against  the  bishopps  the  next  daye.  

Nothing  mor  was  done  that  night  save  only  ane  act  past  for  the  trans- 
plantatione  of  a  minister  called  Mr.  James  Cunninghame,  upon  his  owne 
pressing  desyre. 

XC.  Acording  to  yesterdayes  ordinance,  the  members    mett  be   eight    Ceremony  of 
aclocke  in  the  morning,  in  the  High  Churche  of  Glasgow,  wher  the  moder-    1'™"°""'^'"? 

"  ^  .        .  '•"^  sentences 

ator  was  to  pronounce  the  sentence  of  excomunicatione  solemnly  against  the    of  excommu- 

bishopps,  and  to  preache.    Befor  the  sermone  begunne,  one  James  Sanders,    "'^'''''o"- 

church  townes   reader  and  precentor,  readde  some  paii't  of  the  Scripture  ;   rf"^^'?  ^^'. 

and  being  left  to  his  owne  choise,  did  read  the  sixteenth  chapter  of  Johne,      Tursdaye. 

which  beginnes  thus :  "  Thes  thinges  have  I  spockne  unto  yow,   that  ye 

should  not  be  oifended.     They  shall  put  you  out  of  the  Synagogues  :  yea,        N.  B. 

the  time  comraeth,  that  whosoever  killeth  yow,  will  thinke  that  he  doeth  God 

service,"  etc.     This  was  constered  as  done  pourposely  to  affront  the  Assem- 

blye ;  and  probably,  the  reader  being  episcopall.     Mr.  Andrew  Ramsey  had 

not  the  patience  to  lett  the  reader  proceede,  but  will  needs  have  him  reade 

other  chapters  of  the  dewtyes  of  bishopps  and  pastors,   and  of  the  power 

of  excomunicatione ;  which  the  reader  with  some  grumbling  obeyed.    When 

they  came  to  the  psalme,  he  caused  singe  the  fifty-first  psalm,  which  in  the 

old  translatione  of  the  psalmes  (then  used)  beginnes, 

"  O  Lord,  considder  my  distresse. 

And  now  with  speede  some  pittie  tacke." 

This  was  interpreted  as  sange  in  favours  of  the  distressed  bishops  ;  yet  the 
psalme  was  sung  without  interruptione  ;  but  when  afterwarde  the  reader  was 
challendged  in  common  discourse  for  so  doing,  he  excused  himself  that  what 
he  did  was  ignorantlye  done.  However  the  Assembly  did  lett  it  passe  with- 
out challendge. 

The  churche  was  crowded  with  people  who  came  together  to  be  specta- 
tors of  this  unuswall  fulminatione ;  yet  the  Assembly  did  provyde  that  the 
Earle  of  Weems,  the  Lord  Burleyh,  and  Lord  Sinclaire  should  keepe  that 
place  of  the  churche  (wher  the  Assembly  sate)  for  the  members  themselves, 
who  sate  altogether,  and  heard  sermone  which  was  made  by  the  moderator, 
who  beganne  with  a  conceved  prayer,  first  confessing  sinne,  and  then  peti- 
tioned for  a  blessing  on  the  ensewing  actione.  Prayer  being  ended,  he  told, 
by  way  of  preface,  the  actione  which  he  was  to  goe  about,  and  shewed  what 
the  miserable  unhappiness  was  of  impenitent  sinners   (the  bishopps);  that 


148  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

the  church  last  remedy  against  such  was  that  which  he  was  now  to  use,  in 
name  and  by  authoritye  of  the  Assemblye  against  thes  wretches  (the 
bishopps)  who  had  endeavoured  to  destroy  the  crowne  and  kyngdome  of 
Chryste,  and  yet  for  all  that  remained  contumaciouse  and  impenitente ;  and, 
therfor,  he  exhorted  all  men  to  pray  with  him  for  them  that  this  censure 
might  be  for  the  wealle  of  ther  soules,  as  it  was  a  punishment  to  ther 
bodyes :  And  then  he  fell  againe  to  praye  most  earnestly  for  that  eftecte,  and 
with  great  zeale. 

The  text  of  his  sermoneCO  he  tooke  out  of  the  hundreth  and  tenth  psalme, 
verse  first,  "  The  Lord  said  unto  my  Lord,  Sitt  thow  at  my  right  hande, 
untill  I  macke  thine  enemyes  thy  footestoole,"  etc.  After  divisione  of  his 
texte,  and  muche  spockne  concerning  Gods  decree  of  Chrystes  victory,  and 
consequentlye  how  infallible  it  was,  which  I  omitte  as  tediouse  to  be  men- 
tiond  beer  ;  in  ende,  he  came  to  tell  the  hearers  that  ther  was  a  subordina- 
tione  betuixt  God  and  us,  God  the  upper  ende  of  the  lyne,  and  we  the  lower, 
and  the  middle  tye  Chryst,  represented  ther  by  David  our  superior ;  that 
from  God,  by  Chryste,  all  graces  lineally  doe  descende  upon  us  ;  that  no 
grace  flowes  downe  upon  thoise  who  are  not  withiu  that  lyne  perpcndicu- 
larlye  :  Then  he  exorted  all  to  keep  the  lyne,  and  looke  to  the  heade  of  the 
lyne,  and  not  to  looke  to  them  (the  bishopps)  who  wer  out  of  the  lyne. 

Some  may  thinke  that  this  applicatione  was  strained ;  but  if  the  bishopps 
wer  out  of  the  lyne,  as  he  did  putt  them  out  of  the  churche,  he  would  have 
done  weall  at  that  tyme  to  have  cleared  in  what  pairt  of  the  lyne,  in 
the  waye  of  subordintitione  to  God,  did  the  churche  comissione  judicatorye 
stande,  which  at  this  Assembly  beganne  to  be  projected,  and  in  few  yeares 
overpowred  synods,  and  grewe  dreadfuU  to  Generall  Assemblys,  who  mo- 
delized  it  as  ther  oune  lasting  delegatione. 

How  soone  his  sermon  was  ended,  which  continowd  but  about  one  howre, 
he  related  to  the  hearers  the  historye  of  the  bussnesse  in  hande,  and  then 
caused  Mr.  Archbald  Johnstone  reade  the  actes  of  Assembly  contaning  the 
several!  censures  of  the  bishopps,  which  wer  drawne  upp  in  five  particular 
actes. 

The  first  acte*  bore  a  sentence  of  depositione  and  summau-e  excommuni- 
catione  (very  summair,  indeed,  for  it  was  without  any  citatione,)  of  the 

(1)  [It  will  be  found  in  the  Records  of  the  Kirk,  pp.  174 — 178.] 

*  See  print  Actes  of  the  Asembly  of  Glasgow,  pag.  14,  et  seqq.  [Records  of  the 
Kirk,  pp.  26—28.] 


Ch.  xc]  history  of  scots  affairs. 


149 


bishopps  of  Saint  Aiulrewes,  Glasgow,  Edinburghe,  Galloway,  Rosse,  and  A.  D. 
Brechen.  The  narrative  was,  That  whereas  the  Assembly  had  heard  the 
lybells  and  complaintes,  givne  in  against  thes  saide  bishopps  to  the  presbytry 
of  Edinburgh,  and  sundry  other  presbytryes  within  ther  diocesses,  and  by 
the  saides  presbytryes  referred  to  be  tryed  by  the  Assembly :  [The  said 
bishopps]  being  laufully  citted,  oftne  called,  and  ther  procutor,  Dr.  Robert 
Hamiltoune,  not  compeering,  but  declyninge  the  Assemblye,  which  is  a  thing 
censurable  by  actes  of  Assemblye  with  summaire  excommunicatione  :  The 
Assembly  having  considdered  ther  Declinator  and  founde  it  irrelevaunt,  a 
displayd  banner  against  the  churche,  full  of  insolent  speeches,  lyes,  and 
comtumelves  against  this  Assemblye,  proceeded  to  the  tryall  of  the  saides 
complaintes  and  lybells ;  and  fynding  them  guilty  of  the  breache  of  the  cau- 
tions of  the  Assembly  at  Montrosse,  1600,  etc.  for  receiving  of  episcopall 
consecratione,  for  usurping  power  of  the  High  Comissione,  pressing  the 
church  with  novationes,  and  for  sundrye  other  haynouse  oiFences  and  enor- 
mityes,  at  lenth  expressed  and  clearly  provne  in  ther  processe ;  and  for  ther 
refoosing  to  undei'lye  the  reigning  slander  of  sundrye  other  grosse  trans- 
gressions and  crymes  laid  to  ther  charge  :  Therfor  the  Assembly,  moved  with 
zeale  to  Gods  glory,  etc.  ordaines  them  to  be  deposed,  and  by  thir  presentes 
deposes  them,  not  only  of  the  office  of  comissionarye  to  vote  in  parliament, 
councell,  or  convention,  in  name  of  the  kirke,  but  also  of  all  functiones  of 
ther  pretended  episcopall  or  ministeriall  calUnge ;  declareth  them  infaraouse  ; 
and  lyckwayes  ordaineth  the  saides  pretended  bishopps  to  be  excommuni- 
cated, and  to  be  holdne  as  hethnickes,  etc.  ;  and  the  sentence  of  excom- 
municatione to  be  pronounced  by  Mr.  Alexander  Hendersone,  moderator, 
in  face  of  the  Assemblye  in  the  High  Kirke  of  Glasgow,  and  the  execu- 
tione  of  the  sentence  to  be  intimate  in  all  the  kirkes  of  Scottlande,  by  the 
pastors  of  evry  particular  congregatione,  as  they  will  be  ansuerable  to  pres- 
bytryes, or  synodes,  or  the  next  Generall  Assembly,  in  caise  of  the  negli- 
gence of  presbytryes  and  synods. 

The  second  acte  contained  a  sentence  of  depositione  and  of  excommuni- 
catione of  the  bishopps  of  Aberdeen  and  Dumblane.  The  narrative  is 
almost  the  same  with  the  former,  so  needs  not  to  be  repeated. 

The  third  acte  containes  a  sentence  of  depositione  agahist  the  bishopps  of 
Murrey,  Orkney,  Argylle,  and  of  the  Isles.  It  differed  nothing  from  the 
former,  but  that  they  are  appoynted  to  be  excommunicate,  in  caise  they 
macke  not  ther  repentaunce  and  submitte  to  the  decrees  of  the  Assemblye. 


150  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.        The  fourth  acte  has  the  depositione  of  the  bishop  of  Dunkeld,  who,  in 

caise  he  subraitte,  is  only  suspended,  and,  upon  his  repentaunce,  continowd 

in  the  ministrye  of  the  ehurche  of  Saint  Madoze ;  otherwayes  to  be  excom- 
municated. 

The  fyfth  acte,  containing  the  depositione  of  Mr.  John  Abernethy,  bishop 
of  Catnesse,  is  the  same  with  the  fourth,  only  it  names  not  a  particular 
benefice  to  him,  but  declares  him  conditionally  capable  of  one. 

After  the  reading  of  thes  sentences,  the  moderator  made  a  discoursed)  for 
half  ane  hower,  concerning  the  necessitye  and  power  of  the  sentence  of  ex- 
communicatione,  specially  at  that  present  tyme  ;  and  then  he  exhorted  all 
to  pray  with  him,  that  that  which  he  did  bynde  on  earth  might  be  bounde 
in  heaven,  etc. :  And  then  the  sentence  of  delyvering  six  of  the  bishopps 
into  the  handes  of  the  deville  was  thundered  out,  till  they  repent ;  then  he 
prayed  againe  to  the  forsaide  pourpose ;  then  ther  was  a  psalme  sunge, 
which  was  the  texte:  After  the  blessinge,  he  exhorted  all  men  not  to  frequent 
the  company  of  thes  excommunicat  bishopps  as  they  had  done  befor. 

This  sentence,  although  pronounced  with  great  zeale  and  solemnitye,  yet 
few  or  non  did  or  would  be  seen  to  show  any  recentment  therof  amongst 
the  beholders,  for  ought  that  could  be  remarked,  except  some  of  the  mor 
ignorant  sorte,  who  are  amazed  at  noveltyes ;  and  many  wer  present  who 
wer  much  rejoyced  at  it,  as  the  most  gloriouse  solemnitye  that  ever  they 
had  seene. 

Upon  this  ther  procedure  against  the  bishopps,  sundry  have  since  that 
tyme  past  ther  censure,  that  the  Assembly  proceeded  most  stricklye  against 
such  of  the  bishopps  as  had  acted  most  episcopally,  and  for  others  of  them 
who  had  nothing  of  bishopp  in  them  hot  the  title  and  the  revenue,  they  wer 
most  gently  handled. 

The  King  complaines  that  they  have  printed  the  sentence  of  the  bishopps, 
which  bearenot  the  particular  crymes  which  wer  proved(^);  yet  he  might  have 
knowne  that  it  was  needlesse,  for  it  was  cryme  eneuche  to  have  been  bishopps : 
other  thinges  wer  givne  in  against  them  ex  sujierubundanti,  specially  against 
thoise  of  the  number  who  wer  most  hatefull  to  the  Covenanters. 
Earl  of  \Vit(-  XCI.  The  Assembly  sate  down  about  two  aclocke  afternoone,  which  was 
'*>"•  opned  with  a  prayer  of  thanksgiving  to  God,  for  the  good  that  the  ehurche 

(1)  [See  Records  of  the  Kirk,  pp.  179,  180.] 
(2)  [See  the  King's  Large  Declaration,  p.  317.] 


Ch.  XCL] 


HISTORY  OF  SCOTS  AFFAIRS. 


151 


had  that  daye  receaved.  The  tirst  thing  that  was  done  was  the  presenting 
of  a  letter  from  the*  Earl  of  Wigtoune,  shewing  the  reasone  why  he  could 
not  waite  sooner  upon  the  Assembly,  and  that  he  was  coming  to  sitt  with 
them;  which  he  did  acoi'dinglye  the  next  daye. 

A  complaint  therafter  was  givne  in  against  one  Mr.  William  Annane, 
minister  at  Aire.  Its  contents  wer,  That  he  taught  erroneouse  doctrine  ; 
that  he  kept  sainctes  dayes  and  holy  dayes  ;  that  he  railed  on  such  as  op- 
posed the  Service  Booke,  and  compared  the  author  therof  to'the  author  of 
Job  ;  that  he  had  deserted  his  flocke  eight  inoneths  ;  that  he  taught  that  dea- 
cons and  elders  wer  not  laufull,  if  they  did  not  continow  ad  vitam  ;  that  it 
was  laufull  to  heare  the  devill  preache  ;  that  he  was  a  common  drunkard,  a 
swearer,  and  had  sworne  that  the  communione  gesture  was  only  kneeling, 
that  we  wer  not  to  sitt  cheeke  for  cheeke  with  Chryste ;  that  he  wished  to 
God  that  the  popish  orders  wer  in  this  churche  ;  that  he  inveighd  on  ex- 
temporarean  prayer,  and,  in  presence  of  a  whole  provinciall  synode,  had 
praised  the  Service  Booke  ;  finally  (which  was  a  capitall  guilt),  that  he  had 
subscrybed  the  bishopps  Declinator.  For  this  he  was  by  vote  deposed  from 
his  ministrye.f') 

Mr.  Robert  Hamiltoune,  minister  at  Lesmahago,  and  one  Mr.  Henrye 
Scrimgeor,  ane  minister  also,  wer  calld  upon,  and  a  number  of  articles 
readde  of  ther  guilte ;  but  it  was  affirmed  that  they  wer  both  penitent  {id  est, 
had  subscrybed  the  Covenante)  ;  therfor  both  wer  pardoned.  The  coming 
in  to  the  Assembly  of  the  first  vvas  daylye  expected;  and  Mr.  Henry  Scrim- 
geor was  present,  whom  the  laird  of  KeillorC^)  did  persecute  so  hottly  to  be 
ridde  of  him  out  of  ther  paroshin,  that  Mr.  Henrye  was  contented  to  be  de- 
posed at  the  closure  of  the  Assembly,  and  not  to  be  admitted  againe  till  the 
ministrye  see  relevaunt  signes  of  his  repentaunce  and  amendment.  Mr. 
Robert  Hamiltons  sentence  was  delayd  till  his  awne  coming  to  the  Assem- 
blye. 

Dr.   Robert  Hamiltoune,*  minister  at   Glassford,  was  next  calld  upon, 


A.  D.  1638. 

Mr.  William 
Annane.  Mr. 
Robert  Ha- 
milton ;  and 
Mr.  Henry 
Scrimgeor. 
Dr.  Robert 
Hamilton,  at 
Glassford. 
Mr.   Thomas 
Mackenzie, 
archdeacon  of 
Ross.     Dr. 
George 
Wisheart,  of 
St.  Andrews. 


*  He  declared  in  his  letter  that  he  had  subscrybed  the  Covenant  in  the  sence  of  1580, 
and  did  submitt  to  the  Assemblye.  [Records  of  the  Kirk,  p.  180.]  Spang  [Historia 
Motuum,  p.  275]  sayes  that  his  letter  was  presented,  session  twenty-first,  die  Veneris, 
Decembris  fourteenth. 

(1)  [Baillie's  Letters,  vol.  i.  p.  141  ;    Historia  Motuum,  p.  274.] 

(2)  [According  to  Baillie,  the  laird  of  "  iV«rfon,  Rothes's  uncle."  Letters,  vol.  i.  p.  142. 
See  also  Records  of  the  K.irk,  p.  182.] 

*  See  Dr.  Hamilton  his  accusation,  session  thirteenth,  [above,  p.  36  ] 


152  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  and  his  crymes  wer  readde  over  againe,  which  had  before  been  once  hearde; 
for  which  he  was  appoynted  to  be  deposed,  and  if  he  doe  not  macke  his  re- 
pentaunce,  to  be  excommunicate  by  his  presbytrye ;  but  it  was  eneuch  that 
he  had  presented  the  bishopps  DecHnator ;  ther  needed  no  mor. 

Mr.  Thomas  Maclvenzie,  archdeacon  of  Rosse,  whoise  comissione  had  been 
rejected,  sessione  qicinta,  was  now  calld  upon  as  a  delinquent,  who  thought 
to  have  sittne  as  a  member.  Sir  Jolme  Mackeinzie  of  Tarbott  was  his  ac- 
cuser. The  lybell  bore  that  he  was  of  ane  insolent  dissolute  lyfe ;  had 
falhie  in  fornicatione  ;  a  drunkard ;  a  swearer  ;  a  merchant,  not  a  minister  ; 
a  maltraan  and  a  multerer  to  Sir  Johne  Makeinzie,  his  accuser ;  that  he 
was  pairtner  of  a  little  shipp  or  barke;  that  he  pleaded  other  mens  causes 
in  Edinburgh,  and  neglected  his  charge  ;  that  at  his  transplantatione,  he  did 
carry e  with  him  the  byble  and  other  bookes  belonging  to  the  churche  from 
whence  he  removed ;  that  he  had  marryd  two  persones  without  proclama- 
tione  of  bandes,  who  had  four  childeren  begottne  in  adulterye  ;  that  he 
stoode  much  for  all  innovationes  in  the  churche ;  finally,  that  he  had  pre- 
sented a  protestatione  against  ruling  elders  unto  the  Assembly.  For  thes 
crymes  he  was  deposed  from  his  ministrye,  and  ordained  to  be  excommuni- 
cate, except  be  macke  his  repentaunce. 

Dr.  George  Wishart  of  St.  Andrews'')  his  accusatione  closed  this  sessione  ; 
but  because  he  had  not  been  formally  citted  to  compeer  befor  the  Assem- 
bly,  therfor  the  tryall  therof  was  remitted   to  a  commissione   which  was  to 
sitte  at  St.  Andrews,  ther  to  purge  outt  such  as  the  Assembly  had  not  lei- 
sour  for :     And  this  was  the  ende  of  that  sessione. 
Mr.  Andrew         XCII.  Upon  the  fourteenth   of  December,   Frydaye,  the  Assembly  sate 
Shepheard.       againe,   whiche  was  the  twenty-first  sessione  therof;  to  which  sessione  came 
at  Jedbufh,     ^^'-  Johne  Smart,  minister  at  Wike,  and  presented  a  comissione  from  Cat- 
Glasgow,  and   nesse,  who  was  admitted  a  member  of  the  Assemblye,  though  he  was  long  a 
EdinburKh. 

"  conimmg. 

essio  _  .  Next   came  in  one  Mr.   Andrew  Shepheard,   a  minister  who  had   sub- 

Frydaye.      scrybed  the  bishopps  Declinator,  protesting  with  teares  that  he  did  it  ignor- 

antly,   and  begging  to  be  licenced  to   blott  out  his  name  affi.'ced  therunto, 

which  was  graunted  readily  ;  and  since  no  bodye  accused  him  for  any  other 

guilt,  u])on  his  promise  of  amendment,  all  bygones  wer  pardond. 

And  because  severall  bills  wer  givne  in  from  presbytryes,  which  the  As- 

(1)  [Afterwards  bishop  of  Edinburgh,  the  i'aitliful  companion  and  accomplished  biographer 
of  Montrose.] 


Ch.  XCIII.] 


HISTORY  OF  SCOTS  AFFAIRS. 


153 


Synods,  Kirk 
Sessions,  and 
National  As- 
semblies re- 
stored. 


serably  had  no  leisour  for  to  examine,   therfore  it  was  ordained  that  all  thes    A.  D.  1638. 
coniplaintes  should  be  tryed  befor  comittyes,  which  wer  then  constituted  for 
that  pourpose. 

To  this  ende,  a  comittye  of  ministers  and  ruling  elders  was  ordained  to 
sitt  at  Jedburgh  and  at  Kirkubright ;  one  lyckwayes  at  Glasgow,  and  another 
at  Edinburgh.(')  They  had  each  of  them  ther  limitts  defyned  to  them,  and 
they  wer  to  trye  such  thinges  as  the  Assembly,  for  want  of  leisoure,  could 
not.  The  power  of  the  Generall  Assembly  was  putt  into  eache  of  ther 
handes  for  the  matters  that  they  wer  to  judge  upon,  with  this  proviso,  to 
be  ansuerable  for  ther  actings  to  the  next  Generall  Assembly.  The  ende 
of  ther  sittinge  was  mostly  to  cast  out  Anti- Covenanter  ministers,  specially 
such  as  wer  active  that  way,  who  at  this  tyme  wer  only  founde  faultye. 

XCIII.  All  this  whyle  past  the  Assembly  was  busyd  pulling  downe  Provincial 
the  fi'ame  of  episcopacye,  and  whatever  they  had  sett  upp  ;  as  also  in 
dryving  out  the  bishopps  and  such  ministers  as  adheared  to  them.  Now, 
they  thought  it  high  tyme  to  laye  the  foundationes  of  the  prcsbyteriane 
aediiice,  that  it  might  appeare  they  had  pulld  doune  one  aedifice  for  to  build 
another  upon  its  ruins.  To  which  pourpose  ther  was  a  motione  made  for 
restoring  provinciall  synods  to  ther  power  and  limitts,  which  they  enjoyed 
befor  episcopacye  was  sett  upp.  For  bringing  this  overture  to  a  poynte, 
ther  was  a  choise  made  of  the  eldest  members,  who  wer  to  joyne  with  the 
comittye  for  overturs,  and  informe  what  they  knew  of  the  ancient  bownds  of 
provincialls. 

Meane  whyle  they  passe  ane  acte*  restoring  kirke  sessiones,  provinciall, 
and  uationall  assembly es  unto  ther  full  integrity e  in  ther  members,  preive- 
leidges,  liberty  es,  powers,  and  jurisdictiones,  as  they  wer  constitute  by  the 
Booke  of  PoUcye.  The  print  acte  mackes  no  mentione  of  presbytryes, 
which  is  either  ane  omissione  of  him  who  extracted  the  actes,  otherwayes 
they  are  not  mentioned,  because,  in  the  bishopps  tymes,  the  presbytryes  had 
mor  freedom  then  the  rest.  And  to  the  eflect  that  they  might  all  beginne 
to  acte  againe  with  ther  ancient  power  and  force,  severall  billes,  which  wer 
presented  to  the  Assembly,  wer  reade  and  referred  backe  to  the  respective 
presbytryes  or  provincialls. 


(1)  [Records  of  the  Kirk,  p.  45.] 

*  See  print  actes,  pag.  30.     [Records  of  the  Kirk,  p.  34.]     Spang  [Historia  Motmim,  p, 
i'o]  referres  this  to  session  twenty-second,  but  amisse. 

U 


154 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


Dr.  Patrick 
Pantcr. 
Town  of 
Edinburgh. 
Mr.  Jolin 
Lundie 

Bishop  Patrick 
Forbes  vindi- 
cated.   Bishop 
Elphingston's 
t'dundation. 

Sessio  22. 
Decembris  15 

Saturdaye. 


Little  raor  was  done  in  this  session,  except  ane  acte  past  for  the  presby- 
trye  of  Achterardowrs  sitting  at  Aber  Ruthven. 

XCIV.  The  twenty-second  sessione  was  held,  Saturday,  Decembris 
[fifteenth.]  Little  of  consequence  was  done,  except  references  of  billes  to 
presbytryes  or  comittyes.  Ane  actione  that  related  to  Dr.  Patrick  Panter 
of  Saint  Andrews,  was  referred  to  the  comittye  which  was  to  meet  at 
Dundee. 

Therafter  the  towne  of  Edinburgh  gave  in,  by  ther  commissioners,  a  de- 
syre  for  to  have  a  preiveleidge  graunted  to  them  for  to  macke  choise  of  mi- 
nisters out  of  any  place  of  Scottlande,  because  they  wer  the  cittye  of  great- 
est resorte,  also  nominating  Mr.  Alexander  Henderson,  moderator,  to  be 
ther  minister,  who  did  declyn  it.  Ther  desyre  was  referred  to  a  comittye 
to  heare  ther  reasones,  and  report  them  to  the  Assemblye. 

The  towues  of  Brunt  Island  and  Kinghorne  gave  in  supplications  for 
helpers  to  ther  aged  ministers,  which  wer  graunted. 

Last  of  all,  Mr.  Johne  Lundye,  who  was  owned  as  comissioner  for  the 
Universitye  of  Aberdeene  (though  he  had  no  warrant  but  to  be  ther  agent),") 
gave  in  a  supplicatione  in  name  of  the  Universitye,  from  which  he  had  no 
such  comissione  ;  (but  tbes  practises  of  supplicating  for  suche  as  knew  not 
grew  common  afterwardes,  nay,  and  in  name  of  such  as  wer  opposite  to  the 
supplicantes  and  judicatoryes  to  which  they  applied  themselves).  He  desyred, 
in  name  of  the  Universitye,  that  ther  might  be  comissionairs  appoynted  for 
to  visite  it ;  his  reasones  wer,  because  that  Universitye  was  miserably  op- 
pressed by  the  bishops,  who  had  tackne  the  rentes  dwe  to  the  regents  and 
the  professor  of  humanitye,  (that  was  himselfe,)  and  employd  them  upon 
professors  of  the  superstitiouse  canon  lawe.(^) 


(i)j[See  above,  vol.  i.  pp.  154,  155.] 

(2)  ["  Mr  John  Lundie,  professor  of  Humanity,  gave  in  a  supplication  for  a  visitation  of 
the  Old  college  of  Aberdeen,  that  whileas  the  parliament  1597,  and  assembly  preceding, 
had  granted  them  power  to  rectify  their  old  foundation  ;  yet  their  bishop  had  destroyed  that 
new  rectification,  and  urged  on  them  for  consuming  their  rents,  chantries,  jirebendaries,  pro- 
fessions of  the  Canon  law,  according  to  their  old  Popish  foundation,  by  virtue  of  his  place  of 
Cliancellor.  Lord  Balmerino  protested  for  his  interest.  That  Bishop  Elphinston's  first 
foundation  should  not  be  altered  -.  when  Lundie,  the  University's  commissioner,  replied, 
That  they  required  no  other  alteration  than  of  Popish  offices  opposed  to  the  Reformed  re- 
ligion, which  their  bishop  of  new  had  posed  on  them.  But  Balmerino  and  all  consented  to 
that  petitioned  visitation."     Baillie's  Letters,  vol.  i.,  p.  143. 

"  Mr.  John  I  .undie,  as  ye  have  befor,  without  warrand,  desired  the  bishop  of  Aberdein 
as  alleadged  chancellor,  Mr.  James  Sandielands  canonist,  and  Doctor  William  Gordon  medi- 
cinar,  to  be  removed,  as  unnecessary  members,  frae  the  said  Colledge,  and  unlawfully  brought 


Ch.  xciv.]  history  of  scots  affairs.  155 

Ther  coukl  be  no  mor  arrant  lye  then  that  snpplicatione  its  narrative ;  for  A,  D.  li 
bishop  Patrieke  Forbesse,  laird  of  Corse,  whom  he  reflected  upon,  who  dyed  ~~2 
but  071710  1635  befor,  a  gentleman  of  great  worthe  and  integritye,  was  knowne 
to  be  so  farr  from  oppressing  that  Universitye,  that,  upon  the  contrarye,  he 
freed  it  from  oppressione,  and  erected  a  professour  of  divinitye  ther,  and 
made  up  a  yearly  revenewe  to  him  by  contributione,  who  yet  standes  to  this 
daye. 

And,  because  its  a  great  questione  whither  Mr.  Johne  Lundye  or  Mr. 
William  Spange,  who  has  ingrost  this  in  his  Historia  Motuum,(')  have  done 
greatest  woronge  to  bishop  Patrieke  Forbesse  his  memorye,  who  deserved  a 
better  rewarde,  I  shall  begge  the  readers  patience  to  vindicate  the  fame  and 
reputatione  of  that  eminent  and  wyse  bishopp,  upon  my  certaine  knowledge, 
having  both  scene  oftne  and  lyckwayes  perused  the  authenticke  instruments 
of  the  foundatione  of  that  Universitye,  and  relating  what  followes  upon 
certaine  information. 

Bishopp  William  Elphinstone,  by  the  liberal  contributione  of  King  James 
the  Fourth,  besyde  what  he  largly  spent  that  way  of  his  owne  privat  revenew, 
laide  the  foundatione  of  that  Universitye,  an/io  1500 ;  and  what  he  could 
not  (being  preveend  by  death)  bringe  to  a  pcriode,  he  recommended  by  tes- 
tament to  be  done  by  his  successor,  bishopp  Gavin  Dumbarr,  to  whom  he 
left  the  expence  for  that  pourpose.  But  befor  he  dyed,  he  sett  downe  the 
institutione  of  that  UniversityeW  in  a  large  instrument,  which  tackes  up  a 

in  and  established  b}'  umquhile  Patrick  bishop  of  Aberdein  against  the  foundation  set  down 
be  umquhile  King  James,  takeing  up  the  rents  without  any  lawfull  service,  whilk  rather  he- 
longed  to  the  masters  and  inward  members  of  the  said  Colledge,  who  cairfully  attended 
their  callings  for  upbringing  of  the  youth.  The  forsaid  petition  was  given  in  befor  the 
generall  Assemblie  without  warrand  of  the  Colledge  members,  yet  was  weill  heard  by  the 
Assemblie,  who  ordained  ane  committee  to  come  and  visite  the  said  Colledge.  The  which 
comeing  to  the  masters  ears,  directly  accused  the  said  Mr.  John  Lundie  for  passing  by  his 
commission,  and  giveing  in  such  ane  petition  befor  the  said  Assemblie,  and  accused  him  befor 
the  bishop  Bellenden  and  other  outward  members  of  the  said  Colledge,  alleadging  he  had 
wronged  the  liberties  of  the  house,  by  drawing  them  under  censure  of  ane  committee  of  the 
assembly,  who  were  only  answerable  to  the  king  and  his  councell  for  any  offence  or  over- 
sight ;  but  the  said  Mr.  John  Lundie  pleaded  guiltie  and  confessed  his  error,  and  by  ane 
act,  not  subscrived  with  his  hand,  confessed  he  had  no  warrand  nor  commission  to  the  effect 
forsaid."     Spalding's  Hist,  of  Troub.,  vol.  i.,  pp.  95,  96.] 

(1)  ["  Designati  etiam  qui  Academiam  Abredonensem  visitarent,  ejus  ad  synodum  legato 
instante,  ac  querente,  tantum  non  oppressam  fuisse  niiseram  illam  Academiam  usurpatione 
Episcopi,  qui  reditus  artium  liberalium  ac  scientiarum  professoribus  destinatos  transtulerit  in 
Canonicos,  prebendarios,  juris  Canonici  Professores,  &  id  genus  daranatas  a  reformatis 
ecclesiis  functiones."     Historia  Motuum,  p.  276.] 

(2)  [CoUegii  Regalis   Universitatis   Aberdonensis   Erectio,  per   Revercnduui  in  Christo 


156  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A  D.  1638.  booke  of  veleira  parcheraent  yet  e.xtant,  subscrybed  and  sealed.  He  did 
^  obtaine  from  Pope  Alexander  sixth,  and  Julius  second  (as  the  fashion  then 
was),  and  from  the  Kinge,  that  it  should  enjoye  as  ample  preveleidges  as 
the  Universityes  of  Parise  or  Bononla ;  that  it  should  be  ane  Universitye 
for  all  sciences,  etc. :  Amongst  the  rest  he  instituted  a  professor  for  the 
civill  law,  and  another  for  the  canon  law.  After  the  reformatione  of  the 
relligione,  the  then  members  of  the  Universitye  beganne  to  thinke  upon  a 
new  modell  of  the  institution  of  the  Universitye ;  to  which  pourpose  one 
Mr.  David  Raite,(')  ther  principell,  drew  a  draught  of  a  foundatione,  wherin 
all  the  old  institutione  was  turnd  up  syde  downe.  This  they  presented  to 
James  the  Sixth,  then  King  of  Scottlande;  and  it  went  neer  to  be  ratifyd  in 
parliament,('^)  had  it  not  been  opposed  by  secretair  Elphinstoune,  a  great 
statesman,  who,  in  favours  of  bishopp  William  Elphinstouns  memorye  (both 
of  them  being  cadetts  of  the  farailye  Shelms),  said  it  was  no  reason  for  to 
perverte  the  founders  meaning,  as  farr  as  it  could  stand  with  the  reformed 
relligione.  So  the  new  draught  was  stifled  in  the  birth  ;  and  that  paper 
coming  afterwards  into  the  handes  of  bishopp  Patricke  Forbesse,  with  a 
sollicitatione  for  him  to  sett  it  anew  on  foote,  hee  threw  it  into  the  fyre, 
wher  it  endedW  ;  and  instantly,  being  chancellor  of  the  Universitye,  caused 
sett  the  old  institution  on  foote,  as  farr  as  it  could  subsist  with  the  protestant 
relligione('') :  The  two  professiones  of  the  civill  and  canon  lawe  he  united  into 
one,  or  rather  commanded  the  civill  law  to  be  taught  in  place  of  the  other. 

The  rentes  that  belonged  to  severall  professors,  by  the  avarice  of 
such  as  had  been  members  of  the  Universitye,  wer  fewed  or  lett  out  for 
payment  of  so  little  as  could  not  mantaine  them,  and  ther  verye  dwelling 
houses  impropriat;  which,  being  thus  squandard,  bishopp  [Patricke]  Forbesse 
could  hardly  recover  all  his  lyfe  tyme,   and  was  forced,  as  I  have  already 

Patrem  ao  Doniinum,  Gulielmuni  Elphinstoun,  dictorum  Collegii  et  Uiiiversitatis  Erectorem 
et  Fuiidatorem,  denuoqiie  ])er  Revorendum  in  Christo  Patrem,  Gavinum  Aberdonensem 
Episcopum,  restituta,  &c.,  quse  intuentibus  pateri  possit.  Anno  1330.  This  lias  been  more 
than  once  printed.  See  Kennedy's  Annals  of  Aberdeen,  vol.  ii.,  pp.  410 — 433.  Lond.  1818  ; 
Evidence  taken  by  the  Commissioners  on  the  Universities  of  Scotland,  vol.  iv.,  pp.  141 — 151. 
Presented  to  both  Houses  of  Parliament  by  command  of  His  Majesty.     Lond.  1837.] 

(1)  [Principal  from  1593  to  1632.] 

(2)  [See  Kennedy's  Annals  of  Aberdeen,  vol.  ii.,  p.  442.] 

(3)  llbid..  vol.  ii  ,  p.  440.] 

(4)  [Report  made  to  His  Majesty  by  a  Royal  Commission  of  Inquiry  into  the  state  of  the 
Universities  of  Scotland,  p.  307-  Ordered,  by  the  House  of  Commons,  to  be  Printed, 
7th  October,  1831.] 


Ch.  XCVI.] 


HISTORY  OF  SCOTS  AFFAIRS. 


157 


tould,  for  to  sett  upp  the  professione  of  theologye  by  waye  of  contributione  : 
So  farr  was  it  from  truthe  that  he  had  either  oppressd  them  or  missa])plyd 
thes  rentes,  ther  having  not  been  so  much  left  undilapidate  at  his  entrye  as 
to  mantaine  all  the  professors  acording  to  ther  institutione.C)  Bishop  Adam 
Ballendyn,  who  succeeded  to  bishopp  Forbesse,  could  not  be  the  oppressor, 
for  the  short  tyme  that  he  sate  ther  he  twoched  nor  did  innovate  nothinge. 
So  great  treuth  ther  was  in  the  reasone  of  that  comissione. 

XCV.  But  any  thing  was  good  eneuch  to  be  a  colour  and  pretext  for  to 
give  them  ane  errand  thither  ;  the  mystery  is,  that  Mr.  Johne  Lundye  was 
suborned  to  supplicate.C^)  But  ther  ende  of  comming  ther  was  pairtlye  for 
to  dryve  out  (as  they  afterwards  did)  some  of  the  learned  members  of  that 
Universitye,  who  had  vexed  them  with  ther  querees  concerning  ther  Cove- 
nant. This  was  alta  mente  repostum  ;  they  wer  ther  only  considerable  anta- 
gonistes,  and  downe  they  must  with  ther  colleagues,  the  learned  and  illus- 
triouse  Doctors  of  Aberdeen. 

This  gave  them  another  fair  pretexte  for  to  raise  armes  for  to  suppresse 
the  Marquesse  of  Huntlye,  who  was  ther  declared  and  most  considerable 
enemye  in  the  north  of  Scottlande.  For,  this  Universitye  lying  within  his 
reache  (and  himself  some  tymes  chancellor  therof)  and  protectione,  in  the 
followng  spring  they  made  ther  manifesto  of  carrying  armes  to  the  north  to 
bee,  only  to  be  a  gwarde  to  them  against  Huntlye  his  supposd  disturbing  as- 
sault, whilst  they  should  goe  about  the  visitatione  of  the  Universitye  of 
Aberdeene :  But  what  ther  intentions  wer  will  be  best  knowne  in  its  awne 
place,  when  the  actings  of  ther  pairtye  shall  come  (God  willing)  to  be 
spockne  and  faithfully  related.  But  it  is  high  tyme  to  close  this  digressioune, 
and  this  session  of  the  Assembly. 

XCVI.  Upon  the  seventeenth  of  December,  Moonday,  the  twenty-third 
sessione  of  the  Assembly  conveened,  to  which  one  Johne  Gordon  of  Crosse- 
ime(3)  presented  a  supplicatione  for  provyding  a  new  church,  built  in  ther 
bowndes,  with  a  steepend.  The  Assembly  appoynted  to  collect  a  stocke 
from  all  charitable  people  besouth  Taye,  and  thes  collectiones  to  be  sent 
from  sessions  to  presbytryes,  thence  to  provincialls,  and  thence  to  the  newe 


Intention  of 
sending  visi- 
tors, to  fur- 
nish a  pretext 
tor  sending 
arms  to  sup- 
press Huntly. 


John  Gordon 
of  Crosseirne. 
Mr.  John 
Bell,  Glas- 
gow.    Mr. 
John  Moyle. 
Acts  of  As- 
sembly read 


(1)   [Kennedy's  Annals  of  Aberdeen,  vol.  ii.,  pp.  373 — 375.] 

(i)  [See  his  Oratio  Evcharistica  &  Enconiiastica,  In  benevolos  Vniversitatis  Aberdonensis 
Benefactores,  Fautores,  &  Patronos,  Aberd.  1631,  throughout,  but  particularly  in  regard  to 
his  charges  against  Bishop  Patrick  Forbes,  pp.  9 — 11.] 

(3)  [Or  Carsphairn,  in  the  presbytery  of  Kirkcudbright.] 


158 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 


A.  D.  1638.  erected  paroshe  to  be  mortifyd  ther.  This  project  was  followd  by  the  ad- 
over  old  acts  ^^^^  °^  ^^^  Lords  Lawdian,  Burleigh,  and  Sir  William  Dowglasse,  to  whom 
renewed.  it  was  comitted  till  the  next  daye.O 

Sessio  23.  Yow  have  heard  alreadye  the  project  for  transplantatione  of  Mr.  Alexander 

^M^mdl'V^  Hendersone  to  Edinburgh  :  this  was  seconded  by  another  supplicatione  by 
Mr.  Johne  Bell,  elder,  minister  at  Glasgow,  for  ane  helper  to  himselfe,  by 
reasone  of  his  age,  whome  he  named  Mr.  David  Dicksone,  another  of  the 
great  instruments  of  the  reformatione.  The  Earle  of  Eglintoune  strove  to 
crosse  Mr.  Davids  removall  from  Irwin ;  and  shewd,  that  Mr.  David  had 
been  the  instrument  to  reclame  him  from  poperye  ;  that  if  he  wer  removed, 
himself  would  leave  the  Assemblye ;  he  said  furder,  that  Glasgow  had  tackne 
three  of  ther  mhiisters  alreadye.  Mr.  David  Dicksone  his  transplantatione, 
at  that  instant,  was  wavd  a  little  till  the  Earle  of  Eglintownes  consent 
should  be  gained,  the  want  wherof  was  the  only  rcmora  of  disposing  this 
great  watchman  into  that  qwarter  of  the  kyngdome. 

The  Dundee  men  complained  upon  one  Mr.  Johne  Moyll,  who  had  re- 
ceaved  the  order  of  deacon  and  no  mor,  and  under  that  notione  did  reseede 
amongst  them,  desyring  to  remove  him  :  This  was  putt  over  to  the  comittie 
which  was  appoynted  to  meete  at  Dundee. 

Therafter  the  whole  actes  of  the  Assembly  wer  reade  over  de  novo,  and 
all  of  them  ratifyd  with  a  new  placet. 

Such  as  wer  designed,  session  seventeenth,  for  to  considder  upon  the 
greivances  of  the  churche,  as  also  what  old  actes  of  Assembly  it  was  neces- 
saire  for  to  reveive,  gave  in  ther  diligence.  They  shewed,  first,  that  ther 
wer  few  or  no  actes  to  be  made  which  had  not  been  enacted  befor,  but  since 
they  wer  forgottne  by  the  iniquitye  of  the  tymes,  it  was  ther  humble  opinion 
that  they  should  be  enacted  anew  in  this  Assembly.  The  list  of  them  wer 
reade  and  approved,  which  wer  as  followes(^)  : 
N.  B.  First,  That  presbytries  erected  since  the  yeare  1586  be  approved,  and 

(>)  [In  this  session  of  the  Assembly,  "  The  Commissioners  from  the  Presbitrie  of  Turrey 
[Turreif]  gave  in  a  Supplication,  declairing,  That  whereas  Alexr  Andersone  and  Robert 
Davidsone,  in  Turrey,  having  fallen  in  ane  delinquencie  at  a  mercat  in  Aberdeine,  and  for 
that  were  conveined  before  the  Bishop,  and  payed  522  merks  of  penaltie,  which  should  have 
been  bestowed  in  mending  the  high  wayes  betwixt  Turrey  and  Aberdeine,  notwithstanding 
they  delivered  it  to  the  Bishop,  whilk  he  detaines,  and  the  parties  are  not  called  for  to  make 
their  repentance. 

"  The  Assemblie  ordaines  the  delinquents  to  make  their  repentance  in  Turray  and  Aber- 
deine, and  the  penaltie  to  be  restored."     Records  of  the  Kirk,  p.  184.] 

(2)  [Records  of  the  Kirk,  pp.  34 — 38;    Historia  Motuum,  pp.  276—278.] 


ch.  xcvi.]  history  of  scots  affairs. 


159 


new  presbytryes  in    Argylle  ;   (which  questionlesse  was  needfull,  if  Argylle   A.  D.  1638. 
might  be  moved  to  pairt  with   the  benefices  of  eight  parosh  churches  of 
Lochaber  and  the  adjacent  places,  which  benefices  pertained  of  old  to  the 
pryory  of  Ardchattan,  now  impropriat  in  the  handes  of  the  said  relligiouse 
lorde.) 

Second,  That  presbyteriall  meetings  be  once  a  weeke  in  summer  and  win- 
ter, otherwayes  once  a  fortnight  in  winter,  at  which  tymes  one  of  the  minis- 
trye  shall  exercise,  and  another  adde  :  that  once  in  the  moneth  ther  be  a 
controversye  of  relligione  disputed  amongst  them. 

Third,  That  presbytryes  visite  paroch  churches  within  their  bowndes 
once  evry  yeare,  and  enqwyre  how  familyes  are  ordered  and  catechised. 

Fourth,  That  masters  of  coUedges  and  scooles  be  tryed  concerning  the 
sowndnesse  of  ther  judgement,  ther  abilityes,  and  conversatione. 

Fifth,  That  ministers  be  obleidged  to  dwell  and  reside  at  ther  oune 
manses  in  ther  paroshins. 

Sixth,  That  scooles  be  planted  in  the  countrey,  that  publicke  reading,  and 
singing  of  the  psalme,  and  catechising,  may  thus  be  promoved  lyckwayes. 

Seventh,  That  presbytryes  shall  have  power  to  choose  ther  oune  modera- 
tors and  adraitte  ministers. 

Eir/hth,  That  a  course  be  tackne  for  acomodating  the  boundes  and  the 
scituatione  of  presbytryes  and  paroshins. 

Ninth,  Concerning  the  entrye  and  conversatione  of  ministers,  that  the 
acte  of  Assembly  at  Edinburgh,*  March  twenty-four,  1595,  session  seventh, 
be  renewed  in  all  its  particulars,  as  to  the  waye  of  ther  entrye  and  ende 
therof,  ther  learning,  ther  conversatione,  be  renewd  and  putt  in  practise. 

Tenth,  That  ther  be  a  course  thought  upon  for  defraying  the  expences 
of  thes  who  are  to  goe  comissioners  to  general!  Assemblyes. 

Eleventh,  That  all  papistes  names,  and  names  of  Jesuittes  and  preests, 
bee  enqwyred  after  ;  all  such  as  keepe  not  the  churche  ;  and,  finally,  that  all 
be  commanded  to  sweare  to  the  Confession  of  Faithe,  and  communicate;  and 
that  papists  childeren  be  not  sent  abroade  without  licence  of  presbytryes  or 
provincialls. 

Tn-elfth,  That  the  Lords  supper  be  frequently  celebrated,  and  ministers 
to  have  allowance  for  furnishing  elements  oftner  then  once  a  yeare. 

*  See  the  acte  at  lenth  in  the  print  actes,  pagg-  33,  34,  33,  36.  [Records  of  the  Kirk, 
pp.  34—36;  Booke  of  the  Universall  Kirk,  pp.  426—429;  Calderwood,  pp.  314 — 317.] 


160  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

Thirteenth,  That  none  enter  into  the  ministrye  befor  twenty-five  yeares, 
except  such  as  are  rarely  qualifyd. 

Fourteenth,  That  course  be  tackne  for  chaunging  weekly  mercatts  from 
Moonday  and  Saturdaye. 

Fifteenth,  That  sermon  may  [be  had]  upon  the  Lords  day  afternoon  as 
weall  as  befornoone. 

Sixteenth,  That  such  as  will  not  forbeare  the  company  of  excommunicate 
persones,  after  admonition,  be  excommunicate  themselves. 

Seventeenth,  That  all  who  shall  speacke  against  the  Covenant,  or  thes 
who  wrytte  against  it,  or  speacke  or  wrytte  against  the  actes  of  this  As- 
sembly, be  censured  by  the  churche. 

Eighteenth,  That  ministers  usurpe  no  negative  voice  in  churche  sessiones, 
except  the  session  vote  against  actes  of  the  churche ;  and  that  collegiate  mi- 
nisters doe  all  thinges  by  mutwall  advice  and  consente. 

Nineteenth,  That  the  titles  of  chapters,  abbots,  pryors,  deanes,  arch- 
deacones,  preaching  deacons,  chanters,  subchanters,  which  flow  all  from  the 
pope  and  canon  law  (although  the  King,  in  his  Large  Declaratione,(')  af- 
firmes  that  thes  offices  wer  in  the  churche  long  befor  popery  was  knowne  of 
in  the  world),  be  not  usurped  nor  used,  under  paine  of  churche  censures. 

Twentieth,  That  no  minister  nor  reader  be  intruded  upon  a  paroshe  con- 
trary to  the  will  of  the  congregatione. 

Twentij-Jirst,  That  no  marriadge  be  solemnised  without  proclaraatione  of 
banes,  except  the  presbytrye  see  urgent  reasones  for  it. 

Twenty-second,  That  it  may  be  thought  upon  how  burialls  in  churches 
maye  be  restrained ;    as  also  they  discharge  funerall  sermons. 

Twenty-third,  That  expectants,  befor  ther  entrye  to  the  ministrye,  be 
tryed  in  ther  learning,  skill  of  langwages,  lyfe,  and  conversatione. 

Tiventy-fourth,  That  the  presby tries  and  boundes  of  provincial!  synods,* 

(1)  [P.  322.] 

*  See  the  rolle  of  them  in  the  print  actes,  pagg.  39  et  40.  [Records  of  the  Kirk,  pp. 
37,  38.  So  much  of  the  roll  as  relates  to  the  provincial  Synods  of  Angus  and  the  Mearns, 
of  Aberdeen,  and  of  Murray,  is  subjoined  ; 

"  The  Provinciall  Synod  of  Angus  and  Merns. 
'  Meegle. 

Dundie.  -S    (  The  Shyref-  "j  To  meet  the  first 

The  Pres-    ^   Arbroth.  g  J      domes  of      \  time  at  Dundie, 

byteries  of     '  Forfair.  •=   j    Forfair  and    C  the  third  Twesday 

Brechen.  ^    ^       Merns.      J  of  April. 

.  Merns.  f" 


Ch.  XCVlI.j 


HISTORY  OF  SCOTS  AFFAIRS. 


161 


and  the  tymes  of  ther  meetings,  once  in  the  half-yeare,  be  fixed  anew,  and 
that  rolle  to  be  registred  in  the  bookes  of  the  Assemblye. 

Ticenhj-Jifth,  That  the  minister  of  the  place  wher  the  provinciall  meets, 
doe  preache  the  first  daye  of  the  meeting,  and  that  the  neerest  provincialls, 
by  ther  comissioners,  keepe  mutwall  correspondence. 

XCVII.  In  the  ende  of  this  sessioune,  Dr.  Guild,  comissioner  fi-om 
Aberdeene  presbytrye,  gave  in  a  supplicatione  against  salmon  fishing  upon 
the  Lords  daye,  desyring  it  might  be  restrained.  He  had  some  yeares  befor 
wryttne  a  two  penny  pamflett  against  it,  and  published  it  ;(')  but,  by  reasone 
that  his  colleagues  the  Doctors  of  Aberdeene,  abler  then  he,  did  not  medle 
in  that  controversye,  his  dispute  against  it  was  sleighted  by  the  Aberdeens 
men(2) :  he  was  now,  therfor,  resolute  for  to  plye  his  refractarye  parishoners 
with  actes  of  Assemblye.  It  did  not  wante  such  as  disputed  for  it  ther  in 
the  midst  of  the  reformatione.  In  ende,  the  Assembly,  by  ther  acte,  dis- 
charged it,  as  also  the  going  of  milles  upon  the  Sabbath,  under  paine  of 
church  censures  to  the  contraveeners,  acording  to  the  acte  of  the  Assembly 
at  Halyrood  house,  anno  1602.0 


A.  D.  1638. 


Dr.  Guild's 
supplication 
about  salmon 
fishing  on 
Sunday. 
Visitation  of 
Glasgow 
College. 


The  Provinciall  St/nod  of  Abekdene. 
Aberdene. 


bvteries  of 


Kincairdin. 

AU.foord. 

Gairioch. 

Elian. 

Deer. 

Turreffe. 

Fordyce. 

The  Provinciall  Si/nod  of  Morkay. 


(  The  Shyref-  ^ 
3  domes  of  f 
J  Aberdene  C 
[^  and  Bamfe.  J 


To  meet  the  first 
time  at  new  Aber- 
dene, the  3  Twes- 
day  of  April. 


The  Pres- 
byteries of 


Innernes. 

Forresse. 

Elgin. 

Strabogie. 

Abernethie. 

Aberlower. 


r 


1 


9^ 


To  meet  the  tirst 
time  at  Forresse, 
the  last  Twesday 
of  April."] 


The  Shyref- 
domes  of  In- 
nernes in  part, 
Nairn  in  part, 
Murray,  Bamf 
p,    I    in  part,  Aber- 
L     den  in  part. 

(1)  [In  the  lists  of  Dr.  Guild's  works  is  mentioned  a  "  Treatise  against  Profanation  of  the 
Lords  Day,  especially  by  Salmon  fishing.     Aberdene,  1637."] 

(2)  [But  see  the  dedication  to  him  of  the  Theses  maintained  in  The  King's  College  in 
1638,  printed  at  Aberdeen  in  that  year,  by  Edward  Raban.] 

(3)  [Records  of  the  Kirk,  p.  38  ;  Historia  Motuum,  p.  279.  "  Dr  Guild  was  commended 
for  his  pains  in  helping  much  to  put  down  the  Sunday's  fishing  in  the  north  ;  yet  the  modera- 
tor was  scrupulous  to  make  a  new  act  for  the  simple  discharging  of  it :  but  when  Mr  John 
Robertson,  who,  among  us  all,  was  more  skilled  in  our  assembiy-acts,  had  found  out  an  old 
act  of  the  assembly  at  Holyroodhouse,  anno  1602,  for  abolishing  simply  all  sorts  of  fishing 


162 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


A.  D.  1638. 


Deposed  mi- 
nisters to  be 
excommuni- 
cated, if  they 
did  not  ac- 
quiesce. 
Places  of  do- 
ing penance 
for  the  bishops; 
rthey]  may  bt 


F'lnalhj,  Ther  wer  visitours  in  the  closure  of  this  sessione  appoynted  to 
tacke  inspectione  of  the  colledge  of  Glasgow,  as  weall  as  of  Aberdeen  ; 
for  ther  wer  sundrye  unsownde  members  ther,  who  had  shewd  but  small 
affectione  to  the  Covenant.  This  was  the  eigthe  delegatione ;  seven  wer 
before. 

This  sessione  was  very  remarkable  for  ther  sympathy  in  vote  agreable  to 
the  comittye  of  overturs  propositiones,  not  so  few  as  sixty  canons  being 
heer  voted,  if  the  ninth  acte  concerning  ministers  be  considdered. 

XCVIII.  The  Assembly  wer  now  macking  quicke  dispatche ;  therfor 
they  doe  meete  againe  pro  mcesimo  quarto,  upon  Tewsdaye ;  wher  it  was 
first  enacted  that  all  ministers  who  wer  deposed  by  this  Assembly,  if  they 
did  not  acquiesce  in  ther  censurs,  should  be  excommunicated  by  ther  pres- 
bytryes,  in  caise  they  exercise  any  pairt  of  the  ministeriall  functione. 

Then  ther  was  ane  acte  past  designing  the  places  wher  suche  of  the 
bishopps  as  gott  licence  to  repent  should  doe  pennance,  viz.  The  bishop  of 

and  milling  on  Sunday,  he  applauded  gladly  to  the  renewing  of  it."     Baillie's  Letters,  vol. 
i.,  p.  146, 

"  Doctor  W™  Guild  presented  a  supplication  to  the  Assembly — That,  whereas  there  was 
great  fisching  of  salmond  neir  Aberdene  ujion  the  Sabbath,  which  occasioned  great  profana- 
tion of  that  holy  day,  by  peoples  continuall  resorting  to  see  that  tisching,  even  in  tyme  of 
divine  service ;  and  likewayes  declaired  how  he  had  prevailed  much,  throw  the  blessing  of 
God  upon  his  labours,  to  restraine  that  abuse,  so  that  divers  worthie  religious  persones  who 
have  speciall  interest  in  that  fisching,  had  bein  moved  to  draw  up  a  bond  and  covenant  among 
them  to  forbeare  that  sinfull  practice  in  all  tyme  comeing ;  therefore  supplicats  that  the  As- 
sembly may  be  pleased  to  make  ane  Act  against  the  said  profanation,  that  upon  that  ground 
he  might  proceed  against  them,  after  his  return  from  the  Assembly. 

"  The  Assembly,  after  much  disputation  of  this  question  too  and  fro,  in  respect  they  could 
find  no  Act  of  Assembly  against  salmond  fisching  for  the  present,  and  not  willing  to  make 
ane  new  Act,  they  appoynted  Doctor  Guild,  Mr  John  Robertsone,  with  some  uthers,  to 
thinke  upon  some  overture  for  it  against  the  morrow."     Records  of  the  Kirk,  p.  186. 

"  Sess.  ultima.  [December  20,  16.38.]  After  in  calling  upon  the  name  of  God,  Doctor 
Guild  said — There  is  a  motion  made,  as  ye  all  hard  the  other  day,  concerning  salmond  fisch- 
ing, and  proffanation  of  the  Sabbath  thereby,  and  it  was  not  thought  expedient  to  make 
new  Acts,  but  to  search  for  old  ones,  and  to  revive  them.  In  Gods  providence,  there  is 
heir  found  ane  Act,  in  the  year  1602,  of  the  Assembly  holden  at  Holyrudhouse,  12  Nov. 
5  Session,  where  salmond  fisching  is  expresslie  inhibite  and  ordained  to  be  punished  by  the 
censures  of  the  Kirk ;  and  I  requyre  that  the  Clerk  may  read  it ;  which  accordinglie  was 
done,  and  the  whole  Assembly,  in  ane  voit,  renewed  the  same."     Ibid.  p.  189. 

"  This  assembly  act,"  says  Spalding,  "  made  some  obedience  with  great  difficultie,  for  it 
was  thought  no  sin  to  fish  upon  the  Sabbath  day  before."  History  of  Troubles,  vol.  i., 
p.  306. 

There  is  preserved  an  authentic  copy  of  a  Bull,  dated  at  Rome  on  the  26th  March,  1451, 
by  which  the  Pope  (Nicholas  V.)  grants  to  the  clergy  and  laity  of  the  city  and  diocese  of 
Aberdeen,  full  freedom  to  fish  for  salmon  on  Sundays  and  holy  days,  during  five  months  of 
each  year,  "  diebus  dominicis  et  aliis  festivis  in  quinque  mensibus  anni  in  qtiibus  magis  dicti 
salmones  ad  terrain  conjiuere  dinoscuntur."  Registrum  Ecclesiae  Cathedralis  Aberdonensis.] 


Ch.  xcix.]  history  of  scots  affairs.  163 

Murrey  in  Edinburgh;  bishop  of  Orkney  in  Kirkwall;  bishop  of  Catnesse    A.  D.  1638. 

in  Jedburffhe  (very  farr  distant  from  Catnesse,  as  beincr  the  other  extreme      ,      7~ 

.  _°  relaxed  2B«r- 

of  Scottlande)  ;  bishop  of  Dunkeld  in  Sammedoose ;  bishop  of  Argyle  and   ticulo  mortis. 

bishop  of  Isles  in  any  church  within  ther  respective  dioceses.  Committees. 

„,         p  .  .    .  „  Visitations  of 

Theraiter  an  acte  was  past,  empowering  any  neerest   minister  tor  to    Colleges. 

relaxe  ane  excommunicate  bishopp  from  that  sentence,  iyi  articulo  mortis,  in    Edinburgh 

caise  the  dying  bishop  in  extremis  shew  reaU  signes  of  repentaunce,  and   derator. 

subcrybe  his  desyre  to  be  relaxed.     I  know  not  what  trust  the  minister  gott     Sessio  24 

by  this  generaU  acte,  in  caise  the  dyinge  bishopp  cannot  subscrybe,  for  Decembris  18. 

weacknesse  or  sicknesse.  "^  ^^^' 

In  the  next  place,  the  members  names  of  the  severall  committys  wer 
reade,  and  the  tyme  and  place  wher  cache  of  them  wer  to  meet,  etc.  The 
places  [wer],  Jedburgh,  Kirkcubright,  Irwing,  Edinburgh,  Saint  Andrewes, 
Dundee,  Forresse,  Chanrye  of  Rosse;  besyde  the  visitationes  of  the  Uni- 
versityes  of  St.  Andrewes,  Aberdeen,  and  Glasgow  colledge.  Thus  the 
Assemblye,  by  its  delegationes,  spredd  itself  over  all  the  kyngdome,  for 
perfyting  of  the  worke. 

Edinburgh  had  petitioned  already  for  the  moderator  ;  St.  Andrews  will 
not  be  behynd  with  them.  To  this  pourpose,  James  Sworde,  (who  after- 
ward for  his  little  capacitye  was  oftne  putt  upon  publicke  employments,  as 
fittest  to  concurre  with  ane  implicite  vote,)  a  little  bailye,  once  a  pedler  in 
St.  Andrews,  putts  in  lyckwayes  for  the  moderator  to  be  ther  minister. 
The  Lord  Lindsey  seconded  this  Sworde.  Earleshall,  for  Lewchars,  wer 
resolute  to  keepe  him,  and  he  willing  to  stay,  as  he  declared ;  but  withaU 
he  will  submitte  to  the  Assembly.  The  Edinburgh  comissioners  grew  im- 
patient to  be  denyd.  The  moderator,  who  could  not  moderate  in  his  owne 
cause,  is  removed.  Mr.  James  Bonnar  tackes  the  chaire  for  that  vice  ; 
and,  after  ane  hotte  dispute  by  three  partyes,  Edinburghe  carryes  him  by 
pluralitye  of  votes,  which  was  prophecyd  befor  the  Assembly  sate  downe. 

XCIX.  The  twenty-fifth  sessione  was  upon  the  nineteenth  of  December,    Churchmen 

Wedingsday;  wher  it  was  agitated.  Whither  ministers  might  sitt  as  justices    "ot  to  take 
"       •'  .  ,.     °  •..  •  •  1?  •  civil  offices. 

01  peace,  or  vote  in  parliament,  or  sitt  in  privy  councell,  or  sessione,  or 

exchequer.     In  relatione  to  this  propositione,  it  was   enacted,  that  it  was  Decembris  19 

unlaufull  from  henceforth,  by  the  Confessione  of  Faith,  for  any  church  man  Wedingsdaye. 

to  tacke  a  *civill  power  or  place  upon  him,  ether  ordinar  or  extraordinare  ; 

*  Mr.  Spang,  in  his  Historia  Motuuni,  [pp.  280-285],  addes  a  number  of  reasones  for 
this  determination,  which  he  calles  the  reasones  of  the  Assembly ;   as.  First,  Luck  xii.  14, 


164  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

albeit  they  did  not  deney  but  it  was  laufull  for  church  men  to  advyse  king 
or  councell  in  all  thinges  wherin  the  churche  or  ther  consciences  wer  con- 
cerned. And  as  for  the  concessione  of  the  Assembly  at  Montross,  anno 
1600,  it  was  declared  that  the  church  was  compelled  to  acquiesce  to  a 
minister  to  vote  in  parliament,  for  peace  cause,  and  with  many  cautiones, 
which  wer  all  broke  by  the  bishopps. 

compard  with  John  xx.  21. ;  also  John  viii..  His  refoosing  to  sentence  the  adulteresse,  and 
His  oftne  declaring  that  His  Kyngdome  was  not  of  this  world.  Second,  Matthew  xx.  25,  26, 
lordshipp  forbiddne :  Hence  Bernard,  lib.  2.  de  consideratione  ad  Eugenium  :  "  I  ergo  tu  & 
tibi  usurpare  aude  aut  Dominans  Apostolatum,  aut  Apostolicus  dominatum."  Third,  That 
such  as  doe  betacke  themselves  to  a  sacred  warf'air  should  not  involve  themselves  in  the 
thinges  of  this  lyfe,  2d  Timothy  ii.  4,  except  in  poynt  of  necessitye,  1st  Corinthians  iv.  12. 
Fourth,  Because  they  are  not  able  for  to  wait  upon  bothe,  2d  Corinthians  ii.  16;  they 
are  to  be  constant  labourers,  which  gives  no  vacance  to  other  affaires.  Fifth,  The  apostles 
wer  not  able  to  undergoe  two  ecclesiasticall  functiones,  Actes  vi.  2 ;  erant  tamen  utraque 
haec  munia  Eeclesiastica ;  ct  Gregorius  I.  citante  Gratiano  in  decreto  dist.  89.  from  Romans 
xii.  6,  7,  argues  a  minori  ad  majus  ;  hence  two  church  offices  incompatible,  ergo,  much  mor 
a  church  one  and  a  civill  one.  Sixth,  He  instanceth  Can.  Apost.  can.  6,  et  can.  81  et  83  ; 
et  Cyprian,  lib.  i.  epist.  9 ;  et  Clemens  Rom.  in  epist.  ad  Jac.  fratrem  Domini ;  et  Syne- 
sius,  bishop  of  Ptolemais,  telling  us,  "  lUicitum  esse  jungere  civilem  virtutem  cum  sacer- 
dotio" ;  Hilarius  Pictaviensis  ad  Auxentium,  "  Anne  aliquam  sibi  a  palatio  dignitatem 
sumpserunt  Apostoli?";  also  Gratian,  Decret.  part.  i.  dist.  88,  89;  Bernard,  de  consid.  ad 
Eugen.  lib.  2:   "'  Clericus  qui  secularibus  negotiis  se  immiscet  est  irregularis  " 

He  ansuers  Augustin,  in  Psalm  118.  cone.  24.  complaining  that  he  was  vexed  with  law 
decisiones,  grounded  on  1st  Corinthians  vi.  4;  That  Augustine  mistooke  the  text,  1st  Cor. 
vi.  4.  ;  that  Paule  meanes  that  causes  ought  to  be  referred  to  the  most  contemptible  amongst 
the  Christians  rather  then  the  chiefe  amongst  the  Heathen,  and  that  thes  most  contemptible 
wer  not  churche  men.  He  addes,  that  the  civilians  tell  us  that  churche  men  grew  not 
judges  till  corrupt  times,  and  that.  First,  It  was  in  civill  thinges ;  Second,  It  was  with  con- 
sent of  pairtye ;  Third,  It  was  by  way  of  decreet  arbitrall ;  Finally,  He  referres  us  to  Hist. 
Concil.  Trident,  lib.  4,  to  reade  ther  how  church  men  grew  civill  judges. 

But  Mr.  Spang,  or  his  informer,  is  too  confusd  in  his  arguments,  for  we  ought  heer  to 
distinguish  betuixt  the  legislative  and  executive  power  of  the  lawe :  Secondly,  Betuixt 
councell  and  advyce,  or  expresst  consente,  to  a  law  mackinge :  Thirdly,  Distinguish  be- 
twixt lawes  civill  and  criminall. 

His  arguments  may  happily  imply  that  church  men  ought  not  to  be  judges  in  criminall 
causes,  which  is  tackne  pre  confesso  ;  or  that  they  ought  not  to  be  ordinar  judges  in  civill 
causes,  as  in  a  sessione ;  which  would  prove  a  great  abstractione  to  them  from  their  call- 
inge.     This  is  for  the  executive  pairt  of  the  law. 

But  it  will  not  be  denyd  that  in  macking  of  lawes  ther  advyce  ought  to  be  had ;  this  is 
graunted  by  all  (because  they  oftne  understande  cases  of  conscience  beste).  And  next,  to 
deney  them  a  vote  of  explicite  consent,  by  ther  representatives,  in  macking  thes  lawes,  which 
they  must  be  subject  too,  is  against  all  sence  and  reason,  quia,  quod  omnes  tangit,  ab  omni- 
bus tractari  debet ;  if  this  be  not  graunted,  they  are  made  slaves  to  all  the  states  of  a  launde. 
Finalljt,  I  doe  not  see  how  Mr.  Spange  his  argumentes  will  debarre  them  from  the 
Kinges  councell,  by  his  oune  concession,  that  they  ought  to  remonstrate  and  be  advysed 
with  in  matters  of  weight ;  to  which  I  adde,  that  a  prince  cannot  be  hindred  to  consult  in 
matters  of  weight  with  the  ablest  men  in  his  kyngdome,  nay,  as  himself  shall  macke  choise 
of,  and  no  church  man  can  be  a  good  subjects  and  refoose  his  best  advyce  to  his  prince  as 
oftne  as  it  is  called  for  by  the  magistrate. 


Cn.  C]  HISTORY  OF  SCOTS  AFFAIRS.  165 

Nevertheless,  befor  the  sessione  ended,  thev  was  a  comissione  of  minis-   A.  D.  103S. 
ters  appoynted  to  waite  upon  the  parliament,  which  was  to  meete  in  Maye 
followinge,  who  wer  to  represent  to  that  parliament  all  the  grievaunces  of 
the  churche/''     To  thes  warrant  was  given  to  have  a  speciall  care,   ne  quid 
detrimenti  caperet  ecclesiaS'^^ 

Thus  was  the  foundatione  laide  of  that  extravagant  churche  judicatorye, 
which  wantes  all  precedent  in  all  antiqwitye ;  which,  in  the  following  yeares, 
grew  so  troublesome  to  the  state,  that  by  ther  raeanes  the  churche,  which 
befor  had  but  fourteen  votes  in  parliament,  did  usurpe  a  negative  vote  upon 
the  parliament,  as  was  cleare  in  the  matter  of  the  Engadgement,  anno  1648. 
We  will  see  this  judicatory,  which  heer  appeared  but  lycke  a  cloude  of  the 
bignesse  of  ones  hande,  in  end,  in  the  yeares  following,  covering  the  whole 
heavene,  and  growne  formidable  to  thoise  who,  without  any  jus  divinum,  for 
promovall  of  selfish  interests,  had  created  it:  The  Comissione  of  the 
Churche,  Imeane,  which  in  following  Assemblyes  was  lickd  into  a  shape,  mid- 
wyfed  by  polititians,  and  its  power  added  to  it  by  peece  meale,  in  a  surrepti- 
tiouse  waye  ;  not  all  at  once,  for  that  would  have  startled  the  creators  of  it  of 
the  ministrye,  who  did  beginne  to  qwarell  with  its  usurpatione  too  late,  when 
by  its  meanes  they  wer  thrust  out  by  dosens  and  scores  from  the  ministrye, 
for  serving  and  promovall  of  the  endes  of  thes  noblemen  and  churchmen, 
whos  actiones  in  ende  proved  the  destructione  of  ther  illustriouse  and  relli- 
giquse  prince  ;  the  lawes  and  libertyes  of  the  kyngdome ;  the  churche  go- 
vernment and  ministrye,  and  for  a  conclusion,  either  did  malecontent  the 
cheife  actors,  or  made  them  sclaves  or  beggers,  or  bothe,  and  the  countrey 
a  feeld  of  bloode,  rapine,  and  oppressione. 

C.  It  is  not  to  be  forgottne,  that  in  the  ende  of  this  Assemblj'e  Mr.  An-  Mr.   Andrew 
drew  Cante,''^  who,  fi'ora  very  obscure  beginnings,  had  been  a  teacher  of  the 

(1)  [Baillie's  Letters,  vol.  i.  p.  148.] 

(2)  [Historia  Motuum,  p.  286.] 

(3)  [This  person,  from  whose  name  it  has  been  said  that  the  word  cant  is  derived,  was 
born  in  the  year  1584,  probaljly  of  obscure  parents.  He  was  educated  in  The  King's  Col- 
lege of  Aberdeen,  where  he  became  Humanist  or  teacher  of  Latin,  in  1614.  He  was 
soon  afterwards  appointed  to  the  benefice  of  Alford ;  whence  he  was  translated  to  the 
church  of  Pitsligo.  He  was  removed  to  Newbottle  in  1639,  and  to  Aberdeen  in  1640.  He 
remained  there  until  the  Restoration,  when,  retiring  to  the  south,  he  deserted  his  charge, 
from  which  he  was  soon  afterwards  formally  de])osed.  He  died  on  the  30th  April,  1663,  in 
the  seventy-ninth  year  of  his  age,  and  in  the  forty-ninth  of  his  ministry.  He  was  interred 
beside  the  west  wall  of  the  churchyard  of  St.  Nicholas,  in  Aberdeen,  where  his  tombstone 
yet  remains.  His  grandson,  of  the  same  name,  was,  in  1722,  consecrated  a  bishop  of  the 
Scotish  Episcopal  Church  ;  he  died  in  1728,  leaving,  among  other  works,  some  sermons 
upon  the  Festival  of  the  Nativity,  and  on  the  Martyrdom  of  King  Charles  I.] 


166 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  III. 


A.  D.  1G38. 

Index  and 
Acts  of  As- 
sembly.  Acts, 
etc.  to  be  read 
in])ulpits. 
Mr.  Arcliibald 
Johnston  and 
Mr.  Roljort 
Dalgleish  to 
license  the 
l)ress.   Yearly 
Assemblies. 
Mr.  Robert 
Blair  trans- 
])orted  to  St. 
Andrews. 
Lex  Rex. 
Procurator's 
place.      Rati- 
fication a|)- 
plied  for. 


grammer,  first  in  Old  Aberdeen  Universitye  ;  then  minister  of  Afoord  in 
Marre ;  afterwarde  brought  to  Pittsligo  church  in  Buchan  ;  beganne  now, 
for  his  zeale  to  the  Covenant,  to  be  as  much  in  request,  as,  for  his  none 
conformitye,  he  had  been  out  of  fashion  whilst  the  bishopps  swayd.  Bishop 
Patrick  Forbesse  did  tollerate  him  ;  and  his  want  of  learning  to  mantane  his 
opinions,  made  him  contemptible  to  the  learned  Doctors  of  Aberdeen,  who 
tooke  no  notice  of  him.  This  last  yeare  he  grew  mor  eminent  by  his  zeale 
to  the  promovall  of  the  Covenant ;  and  in  order  to  a  furder  stepp  to  his  pre- 
ferrment,  this  Assembly  transplanted  him  to  Newbottle,(')  hard  at  the  portes 
of  Edinburgh,  wher  some  daye,  it  was  thought,  he  might  enter  the  pulpitt 
as  ther  minister.  But  his  insociable  temper  qwelld  the  citty  and  ministrye 
of  Edinburgh  towards  him  ;  and  therfor,  after  not  long  stay  at  Newbottle, 
he  was,  by  the  Covenanting  factione  of  Aberdeen,  some  yeares  after,  thrust 
upon  that  towne  ;  and,  in  compensatione  of  that  service  done  to  him,  in  anno 
1648  he  was  the  maine  persecuter  of  Sir  Patrick  Lesly,  provost,  who  had 
the  cheife  hande  in  bringing  him  thither.  During  the  power  of  the  Cove- 
nanters, he  was  dreadfull  to  that  miserable  towne  ;  after  the  English  grew 
maisters  of  Scottlande,  neither  lovd,  nor  feard,  but  mockd. 

Another  acte  was  paste,  ordaining  the  commissioners  from  presbytrys 
and  burroughs  presently  to  gett  under  the  clerkes  handes  an  index  of  the 
actes  of  the  Assembly,  till  theye  be  printed,  and  therafter  to  extracte  them 
and  to  carrye  them  home  and  registrate  them  in  presbytrye  and  sessions 
bookes,  the  generall  actes  viz.  This  was  the  first  acte  that  was  past  in  the 
last  sessione  of  the  Assembly,  December  twentieth,  die  Jovis. 

Then  was  ther  a  new  article  drawne  upp,  to  be  added  to  the  Covenant, 
and  all  who  had  formerly  subscrybed  it  ordained  for  to   subscrybe  it  de 

(1)  I"  Wednesday  the  19th  was  the  twenty-fifth  session.  In  it  a  number  of  supplications 
for  ministers  to  transport,  and  of  people  to  have  ministers  transported  to  them  ;  but  not  one 
of  these  required  transportation.  Mr  Andrew  Cant  was  too  easily  (we  thought)  induced 
to  be  transported  from  Pitsligo  to  Newbottle."     Baillie's  Letters,  vol.  i.  p.  146. 

"  My  Lord  Lowthian  presented  ane  supplication  to  the  Assemblie,  anent  the  transporta- 
tion of  Mr  Androw  Cant  from  Pitsligo  to  Newbotle,  in  the  Presbitrie  of  Dalkeith. 

"  Moderatour  said — It  would  seerne  reasonable  your  Lordship  should  get  a  favourable 
answer,  considering  your  diligence  and  zeale  in  this  cause  above  many  uthers,  and  I  know 
this  not  to  be  a  new  motion,  but  to  be  concludit  by  the  Patron,  Presbitrie,  and  Paroche. 

"  The  Commissioner  of  Edin^  alleadged  that  they  had  made  an  election  of  him  24  yeares 
since.(i) 

"  Then  the  matter  was  put  to  voitmg — Whether  Mr  Andi-o  Cant  should  be  transported 
from  Pitsligo  to  Edinburgh  ?  And  the  most  pairt  of  the  Assembly  voited  to  his  transplan- 
tation to  Newbotle;  and  so  the  Moderatour  declaired  him  to  be  Minister  at  Newbotle." 
Records  of  the  Kirk,  p.  167.] 

(1)  [See  Calderwood,  pp.  756,  788,  802.] 


Ch.  C]  history  of  scots  affairs.  167 

novo,  with  the  following  additione,  wherby  the  sence  of  it,  which  was  so   A.  D.  Ifi38. 
much  controverted  betuixt  them  and  the  Kings  comissionair,  was  putt  out 
of  questione  :  And  withall  they  did  ordaine  that  the  Covenant,  with  that  ad- 
ditional! declaration,  ad  perpetuam  rei   memoriam,   should  be  insert  in  all 
church  registers.     The  declaratione  was  this  : 

"  The  article  of  this  Covenant  which  was  at  the  first  subscriptione  re- 
ferred to  the  determiuatione  of  the  Generall  Assemblye,  being  now  determind 
at  Glasgow,  in  December  1638;  and  therby  the  Fyve  Articles  of  Pearthe, 
and  the  governement  of  the  kirke  by  bishopps,  being  declared  to  be  abjured 
and  removed,  the  civill  places  and  power  of  kirkmen  declared  to  be  un- 
laufull ;  We  subscrybe  acording  to  this  determinatione  of  the  said  free  and 
laufuU  Generall  Assembly  holdne  at  Glasgow. "O 

This  acta  not  only  explicitly  ownd  ther  determinatione  in  that  particular, 
but  heerby  subscribents  wer  tyd  to  ratifie  ther  Assemblye  as  free  and  laufull ; 
and  whither  such  an  oath  could  be  tackne  knowingly  by  all  subscribents, 
since  it  depended  upon  matter  of  facte  as  weall  as  right,  lett  the  reader  judge. 

But  this  was  not  all ;  for  it  was  seconded  with  ane  acte  appoynting  all 
ministers  [to  intymate]  in  ther  pulpitts  ther  explanatione  of  the  Confessione 
of  Faithe ;  the  acte  against  episcopacye  ;  the  acte  against  the  Five  Arti- 
cles ;  the  acte  against  the  Service  Booke,  Canons,  Ordination,  High  Comis- 
sione ;  and  the  actes  of  the  respective  excommunications  and  depositions  of 
the  prelatts.(2) 

And  because  severall  papers  the  yeares  past  had  been  printed  against  the 
Covenant,  therfor  the  teyes  of  all  printing  presses  wer  putt  into  the  handes 
of  Mr.  Archbald  Johnstone,  clerke,  (who  in  one  of  the  former  sessiones  was 
appoynted  to  be  church  advocate,  as  Mr.  Robert  Dalgleish  was  ordained 
church  agent).  The  ordinance  bore  that  nothing  that  concerned  the  actes 
of  this  Assembly,  nor  any  treatise  which  concerned  the  churche,  should  be 
printed  without  Mr.  Archibald  Johnstons  warrant  and  approbation,  under 
paine  of  all  ecclesiasticall  censure ;  and  this  lyckwayes  to  be  intimated  with 
other  actes.(^) 

(0  [Records  of  the  Kirk,  p.  40.] 

(2)  llbid.  p.  47.] 

(3)  [Records  of  the  Kirk,  p.  39  ;  Historia  Motuum,  p.  286.  "  Our  meaning,"  says  Baillie, 
"  in  the  act  of  printing  is,  to  give  to  our  cleik  the  inspection  alone  of  such  treatises  as  con- 
cerns the  church-registers.  However,  some  words  of  the  act  sounds  farther  ;  yet  I  think  the 
youth  understands  no  more ;  and  if  he  took  an  universal  superintendency  of  our  presses,  it 
would  soon  be  remedied."     Letters,  vol.  i.  p.  149.] 


168  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

The  King  animadvertes  upon  it,  That  it  was  a  prettye  acte,  that  he  might 
print  nothing  concerning  ecclesiasticall  polity  and  governement,  except  John- 
stoune  should  give  him  leave.") 

Next  it  was  ordained,  because  the  Marquesse  of  Hamiltoune  had  alreadye 
printed  a  declaratione  contrare  to  ther  sence  of  the  Covenant,  that  the 
Kings  Majesty  should  be  supplicate  to  cause  all  subscrybe  it  in  ther  sence. 
But  in  the  interim  they  discharge  all  from  subscrybinge  the  Covenant,  so 
far  wrested  from  its  right  meaning  as  the  Kings  comissioner  had  done,  under 
paine  of  all  ecclesiasticall  censure ;  but  that  they  subscrybe  it  acording  to 
ther  declaratione.(-) 

This  acte  the  King  called  a  most  traiterouse  acte,  because  the  very 
termes  and  wordes  of  it  containe  high  treasone.C') 

It  was  lyckwayes  enacted,  that  all  presbytryes  should  keep  a  solemne 
thankesgiving  in  all  paroshuss  for  Gods  blessing  and  good  successe  in  this 
Assembly,  upon  the  first  convenient  Sabbathe ;  which  was  seconded  (as  has 
been  said  befor)  with  ane  acte  against  all  such  as  are  malitiouse  against  this 
churche,  declyners  or  disobeyers  of  the  actes  of  the  Assemblye. 

And  because  for  want  of  summonds  under  the  clerkes  hand  against  the 
bishopps,  they  had  been  latelye  put  to  ther  wittes  ende  how  to  summond  the 
bishopps  to  answer  the  Assemblye,  therfor  they  would  be  sure  to  preveen 
the  lycke  in  tymes  comming.  To  which  pourpose  ane  acte  was  past,  war- 
ranting the  moderator  and  clerke  to  give  out  summonds,  upon  relevant 
complaintes,  against  pairties,  to  compeer  befor  the  next  Assemblye. (■*) 

And  least  they  should  be  at  the  paines  to  supplicate  the  Kinge  any 
mor  for  Generall  Assemblyes,  they  passed  an  actet^^  declaringe.  First, 
That  by  divine,  ecclesiasticall,  and  civill  warrants,  the  church  of  Scott- 
land  has  power  and  libertye  to  assemble  and  conveen  in  her  yearly  Ge- 
nerall Assemblyes,  and  oftner,  jjro  re  nata,  as  occasione  and  necessitye  shall 
requyre. 

Second,  They  ordaine,  by  vertwe  of  this  (intrinsicke)  power,  the  next 
Generall  Assemblye  to  conveene  and  meete  at  Edinburgh  (which  thence 
fordward  for  its  vicinity  to  parliaments  and  comittyes  of  state,  was  made 

(1)  [The  King's  Large  Declaration,  p.  323.] 

(2)  [Records  of  the  Kirk,  p.  40.] 

(3)  [The  King's  Large  Declaration,  p.  323.] 

(4)  [Records  of  the  Kirk,  p.  47.] 

(5)  [Ibid.  p.  40.] 


Ch.  C]  history  of  scots  affairs.  169 

the  seatt  of  Assemblyes),  upon  the  thirde  Wedingsdaye  of  July  1639,  warn- 
ing all  interest,  for  to  send  ther  comissioners  thither. 

Third,  They  give  power  to  the  presbytrye  of  Edinburgh,  jiro  re  nata, 
and  upon  any  urgent  extraordinarye  occasione  (if  any  happne  befor  the 
dyet  appoynted  in  July),  to  call  ane  occasionall  Assemblye  :  A  preiveleidge 
which  the  patriarche  of  Rome,  in  the  purest  tymes  of  the  churche,  never 
had  nor  durst  seeke  from  the  Empperor  of  Rome,  over  the  empyre  and 
churches  therof. 

Fourth,  And  that  the  members  might  be  all  sownde,  it  was  enacted  that 
none  be  capable  to  voice  in  GeneraU  Assemblyes,  but  such  as  shall  be 
knowne  to  be  subscrybers  of  the  Covenant,  in  the  sence  that  it  is  now  in- 
terpreted by  the  Assembly  ;  as  also  all  suche  as  shall  acknowledge  the  con- 
stitutione  of  this  Assembly (0  :  Which  acte  was  for  to  obviate  doubtfuU 
comissiones  or  contrary  votes  in  posterum. 

It  was  lyckwayes  at  this  sessione  that  Mr.  Robert  Blaire  (of  whom  I 
spocke  befor)  was  ordained  to  be  transplanted  from  Aire  to  Saint  Andrewes, 
as  a  man  fitte  to  promove  the  endes  of  the  Covenant  in  this  universitye 
towne,  as  Mr.  Alexander  Henderson  at  Edinburgh,  Mr.  David  Dickson  at 
Glasgow,  and  Mr.  Andrew  Cant  at  Aberdeene.  Thes  four  pillers  of  the 
Covenant  wer  to  be  sett  inspectors  over  the  four  universitye  cittyes,  which, 
for  that  or  otherwayes,  are  the  most  considerable  pairtes  of  the  kyngdome. 

The  King,  in  his  Large  Declaratione,*  putts  his  note  to  this  acte,  that 
Mr.  Robert  Blaire  had  been  expelled  out  of  the  Universitye  of  Glasgow  by 
the  professors  ther  not  many  yeares  befor,  for  teaching  his  scollars,  in  his 
lectures  upon  Aristotle,  that  monarchicall  government  was  unlaufull.  Now, 
for  such  a  man  to  be  made  by  them  professor  of  divinitye  in  the  pryme  uni- 
versitye of  Scottland,  whether  he  could  endure  it,  he  leaves  to  all  to  judge. 

Yet  he  was  forced  to  endure  it,  and  much  worse  ;  and  few  yeares  after 
the  publishing  of  his  Majestys  Large  Declaratione,  did  lett  the  world  see 
that  ther  was  as  little  or  lesse  reasone  for  the  Kinge,  or  any  orthodoxe  pro- 
testante,  for  to  endure,  his  colleague  Mr.  Samuell  Rutherfoords  booke, 
called  Lex  Rex,(-^)  printed  at  London  (with  parliamentary  preiveleidge,  if  I 

(1)  [Records  of  the  Kirk,  p.  47.] 
•  Pctff.  324. 
(2)  [Lex,  Rex  :  The  Law  and  the  Prince.  A  Dispute  for  the  just  Prerogative  of  King 
and  People.  Containing  the  Reasons  and  Causes  of  the  most  necessary  Defensive  Wars  of 
the  Kingdom  of  Scotland,  and  of  their  Expedition  for  the  ayd  and  help  of  their  dear 
Brethren  of  England.  In  which  their  Innocency  is  asserted,  and  a  full  Answer  is  given  to 
a  Seditious  Pamphlet,  Intituled,  Sacra-sancta  Regum  Majestas,  or  The  Sacred  and  Royall 


170  HISTORY  OF  SCOTS  AFFAIRS.  [B.  Ill 

A.  D.  1638.  rightly  remember),  in  which  booke  he  comes  nothing  short  of  Buchanan  De 
jure  Regni,  and  Henricus  Stephanus  his  Junius  Brutus,i^)  and  others  of  that 
gange.  One  thing  Mr.  Samuell  Retorfortis  transcendes  such  as  worotte 
befor  him  on  that  subjecte,  that  (as  in  his  other  bookes),  he  soars  with  sub- 
lime distinctiones,  et  caput  intra  nubila  condit ;  most  pairt  wherof  are  not  to 
be  understoode  by  ordinar  capacityes ;  for  many  of  which  he  is  beholding  to 
Gregory  de  Valentia,  a  Jesuite  ;  which  is  but  to  robbe  the  Egyptians  for  a 
better  ende. 

Another  acte  was  past,  for  representing  to  the  parliament  the  necessitye 
of  the  standing  of  the  procurators  place  for  the  kirke. 

The  last  acte  and  conclusione  of  the  Assemblye,  was  an  ordinance  for  ane 
humble  supplicatione  to  be  sent  to  the  Kinge  his  Majestye,  for  gaining  the 
ratificatione  of  the  ensewng  parliament  to  ther  actings  in  this  Assemblye, 
and  withall  to  thanke  the  Kinge  for  graunting  to  them  a  free  laufuU  As- 
semblye. This  supplication  was  contryved  in  forme  of  a  synodicke  epistle, 
and  is  long,  acording  to  ther  uswaU  straine.  The  summe  of  it  was  to  this 
pourpose  li-) 

That  they  wer  thankefull  and  sencible  of  his  Majestyes  favour  in  graunt- 
ing to  them  a  free  Assemblye  ;  that  all  alonge  they  had  sought  a  blessing 
upon  the  Kings  government ;  that  they  had  carryd  with  such  moderatione 
as  became  loyall  and  dutifull  subjectes ;  that  had  the  King  been  present  he 
would  have  approved  all  ther  actinges  ;  that  it  was  ther  sorrow  that  his  Ma- 
jestyes commissioner  had,  all  the  whyle  he  sate,  runn  so  crosse  to  ther  actings. 

Prerogative  of  Christian  Kings;  Under  the  Name  of  J.  A.  But  penned  by  Jo:  Maxwell 
the  Excommunicate  P.  Prelat.  With  a  Scripturall  Confutation  of  the  ruinous  Grounds  of 
W.  Barclay,  H.  Grotius,  H.  ArnisiEus,  Ant.  de  Domi.  P.  Bishop  of  Sjjalato,  and  of  other 
late  Anti-Magistratical  Royalists  ;  as,  The  Author  of  Ossorianum,  D.  Fern,  E.  Syramons, 
the  Doctors  of  Aberdeen,  &c.  In  XL  IV.  Questions.  Published  by  Authority.  1  Sam. 
12.  25.  But  if  you  shall  still  do  wickedly,  ye  shall  be  consumed,  both  ye  and  your  King. 
London  :  Printed  for  lohn  Field,  and  are  to  be  sold  at  his  house  upon  Addle-hill,  neer  Bay- 
nards-Castle.  Octob.  7.  1644.  At  the  Restoration  this  work  was  condemned  as  seditious 
and  treasonable,  and  its  circulation  prohibited,  by  the  Committee  of  Estates,  by  whose  orders 
probably  it  was  afterwards  burned  at  Edinburgh  and  St.  Andrews,  by  the  hands  of  the 
hangman.  Wodrow's  Hist,  of  Ch.  of  Scot.  vol.  i.,  pp.  76,  84.  edit.  1829.  Kirkton's  Hist, 
of  Ch.  of  Scot.  p.  121.] 

(0  [The  author  refers  to  the  celebrated  work,  Vindicise  contra  Tyrannos  :  sive  de  Princi- 
pis  in  Populum,  Populique  in  Principem,  Legitima  Potestate,  Stephano  Junio  Bruto  Celta 
auctore,  Edinburgi,  1579,conmionly  ascribed  to  Hubert  Languet,  the  correspondent  of  Buch- 
anan and  the  friend  of  Sir  Philip  Sydney.  Gordon  is  not  the  only  one  who  has  mistaken 
the  name  of  the  author  for  the  title  of  the  book.  See  the  Dissertation  concernant  le  livre 
D'Etienne  Junius  Brutus,  which  Bayle  has  appended  to  his  Dictionnaire.] 

(2)  [Records  of  the  Kirk,  pp.  40 — 42.] 


Ch.  CL] 


HISTORY  OF  SCOTS  AFFAIRS. 


171 


and,  finally,  had  commanded  them  to  ryse,  for  no  just  cause  but  unwilling- 
nesse  to  sitt  longer ;  that  his  commande  to  them  to  ryse  may  endure  a  tryall 
of  his  Majestyes  parliament,  or  of  the  Kings  owne  judgement,  if  it  wer 
lawfully  done ;  that  they  choosed  rather  to  sitt  still  then  obey,  because  of  the 
great  trouble  in  church  and  state  that  would  have  followed  if  they  had  risne  ; 
that  heerin  they  doubted  not  of  his  Majestyes  approbatione,  having  doubled 
ther  circumspeetione  in  straight  walking  after  the  comissionaire  left  them  ; 
that  they  had  proceeded  acording  to  Gods  worde,  and  former  actes  of  the 
churche,  and  Confessione  of  Faithe ;  that  they  had  rather  reveived  old 
actes  then  approved  innovations  brought  in  without  order ;  that  all  wer 
heerin  so  cleare,  that  if  they  had  done  otherwayes,  it  would  have  been  to 
have  fought  against  God  ;  that  best  men  are  worst  spocke  of;  that  even  Ba- 
laam was  misreported ;  that  truth  was  the  daughter  of  tyme  ;  that  they  hoped 
the  King  would  keep  ane  eare  opne  for  them ;  that  they  wer  content  to  be 
thought  the  worst  of  all  men,  if  in  all  ther  actiones  they  had  not  aimed  at 
Gods  glory,  reformatione,  and  the  Kings  honour ;  that  they  had  keept 
within  ther  owne  limitts,  without  debording  or  reflecting  upon  the  constitu- 
tions of  other  reformed  churches,  to  all  whom  they  wishd  weall,  and  by 
whom  they  hoped  to  be  approvne  ;  that  if  they  had  failed,  it  was  by  lenitye ; 
that  if  they  had  failed  in  any  of  ther  actings,  contrarye  to  ther  intentiones, 
they  begged  that  his  anger  for  ther  en'ors  should  be  chaunged  into  a  calme ; 
and,  finally,  that  what  they  had  done  might  be  ratifyd  in  INIaye  next,  in  the 
ensewing  parliament,  etc. 

CI.  The  moderator  concluded  the  Assembly  with  thankes  to  God  for 
ther  good  successe,  to  the  Kinge,  for  graunting  them  ane  free  Assemblye : 
and  then  he  gave  thankes  to  each  one  present,  for  ther  assistaunce,  acording 
to  ther  deservings,  and  particularly,  with  a  speeche,  to  Argylle,  whom  he 
thanked  for  his  presence  and  his  councell,  which  had  proved  so  strenthning 
and  comfortable  to  them.  Argylle  ansuered  with  a  long  speeche  ;*  first 
entreating  all  present  not  to  misconstrue  his  too  late  declaring  himselfe  for 
them,  protesting  that  he  was  alwayes  sett  ther  waye,  but  had  delayd  to 
professe  it,  so  long  as  he  fownde  his  close  can-iadge  might  be  advantageouse 
to  ther  cause  ;  but  now  of  late,  matters  had  come  to  such  ane  height,  that  he 
founde  it  behoved  him  to  adjoyne  himself  openly  to  ther  societye,  except  he 
should  prove  a  knave  :   Then  he  exhorted  them  all  to  unitye,  wishing  all,  but 


N.  B. 


Moderator 
concludes  the 
Assembly. 
Argyle's 
speech. 
King's  excep- 
tions to  Ar- 
gyle's  speech. 


See  Large  Declaration,  pag.  S-25.     [Balfour's  Annales,  vol.  ii.,  p.  315] 


172  HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 

A.  D.  1638.  speciaOy  ruling  elders  and  ministers,  to  keep  a  good  correspondence;  he 
intreated  aU  the  ministers  to  considder  what  had  brought  bishopps  to  ruine, 
viz.  pryde  and  avarice  ;  and  therfor  willed  them  to  shunne  thes  two  rockes, 
if  they  would  escape  shippwracke. 

The  King,  in  his  declaratione,*  exceptes  against  Argylles  speech, 
First,  That  he  delyvered  the  true  sence  of  the  covenanters  concerninge  the 
bishopps ;  because  it  was  neither  (sayes  the  King)  the  bishopps  bringing  in 
of  novationes,  nor  the  crymes  alledged  against  them,  that  incensed  the 
covenanter  nobilitye  against  the  bishopps,  but  ther  feare  of  the  bishopps 
rysing  in  dignitye  and  place,  which  is  calld  pryde,  and  that  the  bishopps 
might  recover  the  church  laundes  from  them,  which  is  called  avarice  by 
Argylle.  And  whether  it  bee  pryde  to  envy  any  mans  rysing  in  churche 
and  commonwealthe,  acording  to  that  worth  and  sufficiencye  that  his  prince 
shall  fynde  in  him,  or  whether  it  be  avarice  for  any  man  legally  to  seeke  to 
recover  ther  owne,  he  leaves  to  the  reader  to  judge. 

As  for  Argylle,  who  made  that  speeche,  the  King  ansuers,  That  at  his 
last  being  with  the  King  in  England,  befor  the  synod  of  Glasgow  (at  which 
tyme,  sayes  the  King,  he  had,  which  no  body  can  deneye,  good  reasone  to 
misdoubte  him),  he  gave  him  assuraunce  that  he  would  rest  fully  satisfeed, 
if  the  King  would  performe  thes  thinges  which  his  Majestic  had  made  good 
by  his  last  declaratione,  wherin  (sayes  the  King)  he  graunted  mor  then  at 
that  tyme  he  did  promise,  so  that,  his  Majesty  sayes,  he  had  little  reasone  for 
to  expecte  Argylle  his  adjoyning  himself  to  them,  he  having  givne  such 
assuraunce  to  him  of  the  contrarye,  besyde  the  assuraunce  which  he  gave 
to  the  Marquis  of  Hamiltoune  when  he  was  in  Scottlande  :  Whence  the  King 
concludes,  that  if  it  wer  true  that,  by  his  oune  confessione,  he  carryd  thinges 
clossely  all  the  whyle  for  the  Covenanters  advauntage,  he  being  then  one  of 
the  lords  of  the  Kings  privye  councell,  and  that,  in  ende,  he  must  openly 
joyne  with  them  or  be  a  knave  ;  what  he  hath  proved  himself  to  bee  by  this 
closse  and  false  carriadge,  lett  the  world  judge  ;  So  farr  the  King  his  com- 
mentair  upon  Argylls  declaratione. 

This  is  plaine  EngHsh  ;  and  the  Kings  downe  right  langwage  heer  con- 
cerning Argylles  honestye  may  be  thought  none  of  the  least  causes  why 
this  his  Declaratione  in  the  following  Assemblyes,(')  and  specially  in  the 

•   Large  Declaration,  ibid.  [p.  326.] 
(1)  [See  Records  of  the  Kirk,  pp.  263—268,  206.] 


Ch.  cii..]  history  of  scots  affairs.  173 

parliament  1641,  was  so  hottly  persecuted,  and  Dr.  Balcanqwell  as  author  A.  D.  inss. 
therof  (thoutrh  it  be  better  knowne  then  to  be  deneyed  that  Balcanqwell 
penned  no  pairt  of  it  but  by  the  Kings  oversight  and  speciall  directione,  who 
revised  it  all),  that  nothing  would  satisfee  till,  by  acte  of  parliament,  it  was 
condemnd  and  cryd  downe  as  ane  infamouse  lybell,  containing  I  cannot  tell 
how  many  hundereths  of  lyes  in  it,  albeit  to  this  hower  they  durst  never 
macke  ther  challendge  goode.  But,  as  the  tymes  did  rule  then,  ane  acte  of 
parliament  was  ansuer  eneuch  to  it. 

When  Argylle  had  ended  his  speeche,  the  one  hundreth  and  thirty-third 
psalme  was  sunge ;  and  then,  after  prayer,  the  Assemblye  was  brockne  upp 
after  a  moneths  sitting  at  Glasgow. (•) 

CII.    Besyde   such   exceptiones    as   are    already  spokne  of  against    the  His  oxceptions 
freedome  and  laufuUnesse  of  this  Assembly,    I  have  heer  added,  by  way  of  r!  '      Assem- 
appendix,  the  exceptiones  that  the  King  tooke  against  it,  as  they  are  to  bee 
seene  in  his  Large  Declaratione,  par/.  311,  et  seqq. 

First,  Wheras  they  did  refoose  to  treate  befor  the  hande  with  the  com- 
missioner for  right  ordering  of  thinges  befor  the  Assembly,  alledging  that 
all  thinges  must  be  treated  upon  the  place,  ther  table  did  prepare  all 
thinges  both  by  publicke  and  private  instructiones  :  vide  supra. i'^) 

Second,  Some  presbytryes  choosed  comissioners  befor  the  indictione  of 
the  Assemblye,  which  made  the  electione  null. 

Third,  At  the  choise  of  thes  comissioners,  ther  wer  mor  laye  elders  then 
ministers  who  voted,  which  practise  is  contrare  to  the  appoyntement  of  ther 
bookes  of  policye ;  and  thes  bookes,  then  not  ratifyd  by  parliament,  and 
ruling  elders  prescrybed  by  forty  yeares  desswetude,  therfor  ought  to  have 
been  first  reveived  by  a  new  law,  ere  they  gott  any  voice. 

Fourth,  In  several  presbytryes,  the  laye  elders  disagreed  from  the 
ministers  in  the  electione  of  a  commissionaire,  and  carryd  it  by  vote,  though 
ministers  better  knew  who  was  fittest  be  a  commissionair. 

Fifth,  Some  laye  elders  wer  but  newly  chosne,  so  that,  never  having 
been  elders  befor,  they  wer   most    unfitt    to    sitt   in  a   Generall  Assem- 

Sixth,  Ruling  elders,  by  ther  institutione,  are  to  watche  over  the  people 

(1)  ["  The  assembly  being  thus  happily  concluded,  Mr.  Henderson  said,  We  have  now 
cast  down  the  walls  o/' Jericho  ;  Let  him  that  rebiiildeth  them  beware  of  the  curse  of  ^\e\ 
the  Bcthelite."     Stevenson's  Hist,  of  Ch.  of  Scot.,  vol.  ii.,  p.  676.] 

(2)  [Vol.  i.,  pp.  183—187.] 


174  HISTORY  OF  SCOTS  AFFAIRS.  [B.   III. 

A.  D.  1038.    in  the  presbytryes  wher  they  live ;  but  some  war  chosne  elders  for  paroshins 
wher  they  had  no  residence  actwally. 

Seventh,  The  ruling  elders  had  assessors  chosne  and  sent  with  them,  by 
whoise  consent  they  voiced;  which  is  contrary  to  all  law  and  practise. 

Eighth,  Many  presbytryes  protested  against  ruling  elders,  and  did  sup- 
plicate against  them. 

Ninth,  Many  fittest  to  be  comissioners  wer  cast,  and  few  chosne  who  had 
ever  been  at  ane  Assembly  befor ;  some  wer  chosne  who  wer  under  church 
censures,  some  who  wer  expelled  out  of  Universities  for  teaching  ther 
scollars  against  monarchicall  govemement,  some  who  had  been  banishd  for 
seditiouse  behaviour,  others  banished  out  of  Irelande,  some  under  the  sen- 
tence of  excommunicatione,  some  who  wanted  ordinatione,  some  ministers 
elected  and  admitted  contrarye  to  standing  canons,  all  chosne  by  lay-elders. 

Tenth,  Diverse  members  of  the  Assembly  were  at  the  home  ;  and  so 
wer  uncapable  of  voice. 

Eleventh,  Three  oathes  wer  to  be  tackne  by  every  member  of  the 
Assemblye  :  First,  The  oath  of  Confession  of  Faithe ;  Second,  The  oath 
of  supremacye ;  Third,  The  oath  of  alleadgance :  Any  of  thes  three 
oathes  who  does  refoose,  cannot  sitt  as  a  judge  in  any  court  of  that 
kyngdome. 

Twelfth,  That  church  men  wanted  ther  habite,  not  a  gowne  but  two ; 
noblemen  and  gentlemen,  in  colourd  clothes  and  swordes,  etcM)  ;  lay  elders, 

(1)  ["  At  Glasffow  the  Marquis  found  the  greatest  confluence  of  People,  that  perhaps 
ever  met  in  these  parts  of  Europe  at  an  Assembly.  The  Marquis  judged  it  was  a  sad  sight 
to  see  such  an  Assembly,  for  not  a  Gown  was  among  them  all,  but  many  had  Swords  and 
Daggers  about  them."     Burnet's  Memoires  of  the  Hamiltons,  p.  93. 

"  With  much  ado  could  we  throng  into  our  places The  magistrates,  with  their 

town-guard,  the  noblemen,  with  the  assistance  of  the  gentry,  could  not  get  us  entry  to  our 
rooms,  use  what  force,  what  policy  they  could,  without  such  delay  of  time  and  thrusting 
through,  as  grieved  and  offended  us.  Whether  this  evil  be  common  to  all  nations  at  all 
public  confluences,  or  if  it  be  proper  to  the  rudeness  of  our  nation  alone,  or  whether  in  thir 
late  times,  and  admiration  of  this  new  reformation,  have  at  all  publick  meetings  stirred  up 
a  greater  than  ordinary  zeal  in  the  multitude  to  be  present  for  hearing  and  seeing,  or  what 
is  the  special  cause  of  this  irremediable  evil,  I  do  not  know  ;  only  I  know  my  s])ecial  offence 
for  it,  and  wish  it  romeided  above  any  evil  that  ever  I  knew  in  the  service  of  God  among 
us.  As  yet  no  appearance  of  redress.  It  is  here  alone,  I  think,  we  might  learn  from  Can- 
terbury, yea  from  the  Pope,  yea  from  the  Turks  or  Pagans,  modesty  and  manners  ;  at  least 
their  deep  reverence  in  the  house  they  call  God's  ceases  not  till  it  have  led  them  to  the 
adoration  of  the  timber  and  stones  of  the  place.  We  are  here  so  far  the  other  way,  that 
our  rascals,  without  shame,  in  great  numbers,  makes  such  din  and  clamour  in  the  house  of 
the  true  God,  that  if  they  minted  to  use  the  like  behaviour  in  my  chamber,  I  would  not  be 
content  till  they  were  down  the  stairs."     Baillie's  Letters,  vol.  i.  p.  96.] 


Ch.  civ.] 


HISTORY  OF  SCOTS  AFFAIRS. 


175 


one  or  two,  speackiiig  almost  all  thinges  ;  ministers  speaking-  seldome  ;  and 
so  great  a  lycklyhood  that  all  was  made  worke  and  praeagreement,  *  that 
seldome  or  never  was  ther  a  contradictory  vote,  so  that  the  calling  of  the 
list  was  tediouse,  after  the  firste  voter,  Mr.  Alexander  Carse  gave  his 
voice,  which  proved  the  leading  voice  of  the  Assembly  ;  the  lycke  never 
heard  of  in  any  Grieke  nor  Latine  Councell  that  any  fathers  judgement 
was  so  absolutlye  followed,  et  cet. 

cm.  I  have  heard  it  constantly  aiErmed  (severall  yeares  after  that  As- 
sembly sate,)  by  knowing  men,  that  it  was  certaine  that  a  very  considerable 
number  of  tlie  rainistrye  came  thither  with  intentione  to  have  voted  farr 
otherwayes  in  many  thinges  then  they  afterwards  did  ;  but  that,  after  ther 
coming  ther,  ther  wer  many  of  them  laide  off  by  the  influence  of  half  a 
dosen  of  leading  men,  pairtly  through  feare,  and  pairtly  out  of  despaire 
that  ther  votes  would  doe  any  good ;  and  therfor  resolved  for  to  serve  the 
tymes,  and  runne  with  the  streame  rather  than  with  ther  consciences ; 
which  (if  it  wer  true)  coulde  not  be  commendable  in  the  actors,  though  they 
had  voted  right  upon  the  matter.  Whether  this  wer  truth  or  not,  I  shall 
not  peremptorly  determine  ;  albeit  it  is  a  great  presumption  therof  that,  not 
many  yeares  afterwarde,  severall  ministers  and  rulinge  elders,  who  had 
sittne  comissioners  in  the  Assembly  of  Glasgow,  fell  ofi"  so  far  from  ther 
principalis  that  it  cost  sundrye  of  thes  ministers  ther  places  ;  to  whom, 
upon  the  chaunge  of  ther  opinions,  the  rest  of  the  confederacye  turnd 
implacable  enemyes ;  and,  having  throwne  them  out  of  ther  benefices,  wold 
never  sutfer  them  to  reenter  ther,  and  scarcly  (some  of  them),  after  a  pros- 
titute humiliatione,  to  any  place  within  the  church  of  Scottland  againe. 

And  it  is  weall  knowne  that  some  of  ther  eminent  ruling  elders,  who  had 
been  heer  active  and  voters  for  them,  wer  sacrificed  to  the  indignatione  of 
the  rest  upon  scaffolds  and  gibbetts  ;  in  bringing  of  whom  to  justice  or  exe- 
cutione,  the  cheife  leading  men  of  the  ministrye  of  the  confederacye  wer 
the  most  active  of  anye  ;  or  at  least  not  behynde  with  thoise  whom  nothing 
but  ther  blood  could  satisfee  for  their  apostacye. 

CIV.  The  members  of  the  Assembly  are  dismissed :  It  is  high  tyme  to 
follow  the  Kings  comissioner,  who,  since  his  leaving  the  Assembly,  pub- 
lished ane  interpretatione  of  the  Covenantee)  about  the  tyme  of  his  coming 


A.  D.  I6:i8. 


Many  minis- 
ters drawn 
aside  Ijy  in- 
fluence. 


King's  De- 
claration 
against  the 
Assembly- 


*    Vide  supra,  pag.  [39.] 
(1)  [It  is  printed  in  the  King's  Large  Declaration,  pp.  327 — 33".] 


176  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.    to  Edinburgh ;  but,  during  the  tyme  of  the  Assemblyes  sitting,  having  ad- 

vertished  the  King  of  all  that  past  (who  wanted  not  advertishraent  besyde), 

and  that  ther  wer  many  informations  spreade  thorough  Edinburgh  and  other 
places  which  wer  nothing  to  the  Kinges  advauntage,  but,  on  the  contrare, 
that  the  King  had  made  little  or  nothing  good  of  all  that  was  contained  in 
his  last  declaratione,  dated  Edinburgh,  September  twenty-second :  The 
King  thought  it  needfull,  by  a  speedy  dispatche,  for  to  ordaine  the  comis- 
sioner,  by  a  new  Declaratione  once  mor  to  undeceave  the  people,  befor  the 
comissioner  should  returne  to  Londone.  It  was  dated  at  Whytehall,  De- 
cember eighth,  1638,  and  publickly  proclaimed  at  the  mercatt  crosse  of 
Edinburgh,  December  eighteenth,  in  that  same  yeare,  Tewsday,  which  day 
was  the  twenty-fourth  sessione  of  the  Assembly  of  Glasgow,  much  to  the 
pourpose  followingeC) : 

First,  He  shewes  all  his  coneessiones  by  former  proclamationes ;  howbeit, 
they  had  blocked  up  the  castle  of  Edinburgh,  and  would  suffer  no  ammuni- 
tione  to  be  imported  to  any  of  his  castells  (aue  unparalelld  acte)  :  Second, 
Wer  keeping  up  a  judicatorye  contrare  to  civill  authoritye,  directing  orders 
from  thence  to  all  pairtes  of  the  natione,  and  reqwyring  obedience  therunto  ; 
that  they  had  chosne  illegalle  members,  and  in  ane  illegall  way,  to  sitt  in  ther 
Assemblye,  had  thrust  in  laick  elders,  and  thrust  out  many  moderators,  and 
had  sent  privat  instructiones  for  bringing  up  of  comissioners  ;  wherby  the 
Assembly  was  praelimited.  Yet  he  had  suffered  all,  hoping  upon  his  conces- 
sions that  they  would  have  returned  to  ther  obedience  ;  but  that,  upon  the 
contrarye,  they  had  resorted  to  the  Assembly  in  great  troopes  and  in  armes, 
contrarye  to  his  proclamation,  November  sixteenth  ;  had  refoosed  his  Co- 
missioner assessors,  or  to  read  the  bishopps  reasones,  till  a  moderator  wer 
chosne.  Howbeit,  he  had  caused  his  Comissioner,  by  his  declaratione  to 
be  registred  in  ther  Assembly  bookes,  to  discharge  all  thes  thinges,  viz., 
Service  Booke,  Pearth  Articles,  etc.,  which  theye  looked  upon  as  greiv- 
aunces  ;  yet  he  founde  that  nothing  will  content  them  except  they  may  be 
licenced  to  overturne  episcopacye  and  standing  lawes.  He  was  forced  for 
that  reasone,  and  diverse  others,  importing  true  monarchicall  governement, 
for  to  dissolve  ther  Assemblye,  yet  in  a  calme  waye,  and  to  command  them 
to  ryse  under  paine  of  treasone ;  yet  that  they  had  sittne  still  in  ther  pre- 
tended Assembly,  etc.    Therfor  his  Majesty  thought  it  necessar  to  forwarne 

(1)  [See  tlie  King's  Large  Deciariition,  pp.  366 — 374.] 


Ch.  cv.]  history  of  scots  affairs.  177 

all  his  good  subjectes  that  they  be  not  insnared  by  thes  ther  unlaufull  pro-  A.  D.  Ifi-i8. 
cedurs,  and  prohibites  them  to  obey  ther  actes,  and  frees  them  from  all  the 
penaltyes  or  dainger  they  may  incurre  for  disobedience  to  them,  and  for- 
bidds  all  ministers  or  judicatoryes  of  the  churche  to  justitie  or  to  execute 
the  actes  of  ther  unlaufull  meating  at  Glasgow,  and  commands  all  lords, 
barrens,  etc.,  to  tacke  notice  of  all  such  ministers,  etc.,  as  doe  otherwayes ; 
and  furder  prohibitts  all  judges,  clerks,  wrytters,  etc.,  not  to  passe  anye  bUl, 
summonds,  etc.,  in  order  to  the  excecutione  of  any  of  ther  Assembly  actes. 
And  since  he  has  declared  the  true  sence  of  the  Confession  of  Faith,  sub- 
scribed anno  1580,  not  to  be  destructive  to  episcopacye,  heerfor  he  dis- 
charges and  inhibitts  all  good  subjectes  from  subscrybing  it  in  any  contrare 
sence.  And,  iinally,  he  promises  to  protect  all  his  good  subjectes  who 
shall  disowne  that  pretended  Assembly  and  ther  actinges. 

C  V.  This  proclamatione  was  answered  that  same  very  day,  by  a  very  long    The  Assem- 
protestatione,  at  the  merkatt  crosse  of  Edinburgh,  which  was  afterward  en-  ^ly's  Protes- 
larged  and  revised  by  Mr.  [Archibald]  Johnstone,  and  printed  in  January   j^.g^. 
followinge;   wherof  I  shall  only  give  yow  the  short  summe,  with  the  Kings 
animadversiones  therupon,  for  it  would  be  very  tediouse  to  the  reader  for  to 
peruse  it  all,  for  it  containes  no  lesse  than  seven  sheet  of  paper  in  folio.* 

First,  They  call  themselves  comissioners  from  presbytryes,  brughes,  and 
from  universityes,  sitting  in  a  full  and  free  Generall  Assemblye. 

The  King  exceptes,  and  saves.  Its  false ;  for,  sayes  he,  ther  was  not,  after 
his  comissioner  left  the  Assemblye,  any  one  comissioner  from  any  universitye 
in  Scottland  which  did  not  desert  them. 

Against  the  narrative  in  the  preface  of  ther  protestatione,  the  Kinge 
sayes,  It  is  false  that  he  did  indicte  ane  Assembly,  with  praelimitations  de- 
structive therunto.  Secondly,  That  it  is  as  false  that  this  was  made  cleare 
to  his  commissioner.  Thirdly,  He  sayes.  It  is  false  that  his  commissioner  left 
them,  either  without  just  reasone,  or  unexpectedly ;  and  the  proofe  of  this 
he  referres  to  the  vei-y  history  of  ther  actings.  Fourthly,  He  sayes.  It  is  as 
false  that  his  commissioner  dissolved  the  Assembly  without  any  warrant  of 
the  councell,  being  that  the  proclamation  was  subscrybed  by  the  handes  of 
the  councellers. 

For  ther  gwarding  the  castell  of  Edinburgh,  they  answer.  They  are  war- 
ranted not  to  lett  any  ammunition  be  imported   ther  by  the  law  of  nature, 

*   See  Large  Declaration,  pag.  375. 


178  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

and  by  the  municipal!  lawes  of  Scottlande.  They  say  that  the  ammunitione 
was  to  have  been  secrettly  conveyed  in  thither  for  to  terrifie  them,  Edin- 
burgh being  one  of  the  cheefe  places  of  ther  meetings  ;  therfor  they  pre- 
veend  it,  quia  solus  pojmli  suprema  lex.  The  safety  of  the  public  is  the  end 
of  laufull  power. 

The  King  replyes.  That  is  true ;  but  that  he,  and  the  councell,  and  his 
judges,  and  the  rest  of  his  loyall  subjectes  are  the  publicke ;  wheras 
mutineers  and  rebellsare  but  a  private  and  schismaticall  pairte,  though  never 
so  manye. 

Next,  they  say.  That  in  parliament  2,  act  3,  Jacobi  II.,  it  is  ordaind  that 
wher  ther  is  any  violent  presumptione  of  spoyling  the  countrey,  the  lievtenant 
is  to  raise  the  countrey,  and  to  passe  to  such  castells  wher  unruly  men  are, 
and  tacke  soverty  of  ther  persones  within  thes  houses. 

The  King  replyes,  But  not  without  or  against  the  Kinges  commande ; 
his  generall  (much  lesse  any  lievetenant  of  his)  cannot  doe  that. 

Secondly,  They  saye.  That  though  thes  castells  be  the  Kinges  property, 
yet  they  are  annexed,  first  for  the  poverty  of  the  Crowne,  James  II.,  parliament 
11,  acte  41,  and  are  to  be  disposed  by  advyce  of  full  parliament.  Thirdly, 
9  acte,  9  parliament,  James  VI.,  the  castell  of  Edinburgh  is  acknowledged 
to  be  one  of  the  four  strenthes  which  ought  to  be  kept  to  the  Kings  behoofe 
and  weallfare  of  the  realme  :  Therfor  the  most  loyall  pairt  of  the  realme 
(Which,  the  King  notes  upon  the  margent,  the  Covenanters  are  not)  have  a 
maine  interest  to  looke  that  this  castell  be  not  employed  to  the  hurte  of  the 
realme.  Fourthly,  12.5  acte,  7  parliament,  James  VI.,  calles  thes  castells  the 
keyes  of  the  realme  :  And,  therfor,  the  collective  body  of  the  realme  have 
good  right  to  see  ther  oune  keyes  weall  kept,  for  ther  owne  behoofe,  etc. 

Heer  the  King  moves  a  questione.  Whither  the  King  or  the  subjectes 
should  keepe  the  keyes  of  his  aune  kyngdome? 

Fifthly,  They  saye.  That  since  such  as  possesse  that  castell  are  hindered 
by  the  best  pairte  of  the  bodye  of  the  realme  from  hurting  the  realme, 
therfor  they  deserve  approbatione  and  thankes  from  his  Majesty  in  due 
tyme,  for  keeping  his  evill  councellers  and  badd  patriotts  from  putting  hande 
unto  his  best  subjectes. 

The  King  replyes.  First,  But  the  Covenanters  are  the  worst  pairt : 
Secondli/,  That  he  tackes  them  not  for  such  fooles  for  to  expect  thankes  from 
him  for  ther  proceedings ;  if  they  doe  it,  they  are  lycke  enough  to  goe  with- 
out them. 


Ch.  cv.]  history  of  scots  affairs.  179 

Sixthly,   They  saye,  That  the  best  and  most  loyall  pairt  of  his  subjectes    A.  D.  1638. 
(since  the  King  is  not  in  the  castle  himselfe)  cannot  be  challendgod  for 
barring  such  as  are  within  it  from  putting  in  practise  ther  violence  and  ter- 
rificationes  from  out  of  that  castell  upon  the  states,   who  are  shortly  to 
conveene. 

Hear  the  King  telles  them,  They  are  the  worst  and  most  disloyall  pairt  of 
his  subjectes. 

Seventhly,  They  say.  That  the  cronickles  declares  that  the  castle  of  Edin- 
burgh was  givne  to  the  house  of  Erskin,  hac  lege  expressa  et  conditione,  tit 
nulli  nisi  conventui  ordinum  rejmscenti  traderent. 

Eighthly,  They  saye,  That  they  have  many  examples  in  the  Christian 
world,  and  in  historyes  of  other  churches  and  kyngdomes,  and  of  ther  owne, 
for  to  punish  rebelliouse  subjectes,  and  to  preserve  the  faithfull. 

To  ther  seventh  defence  the  King  replyes,  and  asks,  In  what  historye 
be  thes  wordes?  is  it  not  Eeyi  as  well  as  conventui  ordinum  9  or  can  ther  bee 
a  convention  of  the  three  estates  called  without  the  King  or  his  authoritye  ? 
But  withall  he  gives  one  generall  ansuer.  That  whatever  they  say  concerning 
the  gwarding  of  his  castells  and  fortes,  and  keeping  himself  out  of  them, 
containeth  no  lesse  then  treasone,  and  is  not  to  be  answered  with  a  penne. 

To  the  objectione  of  ther  meetings  at  ther  Tables,  they  answer.  That  any 
letters  sent  from  thence  wer  but  only  advyce,  not  commandes,  for  promovall 
of  Assembly  and  Parliament,  and  supplicating  the  King. 

The  King  replyes.  That  the  tenour  of  many  of  ther  letters  wer  reqwyring 
such  as  they  worot  too  to  doe  such  things  as  they  woidd  answer  the  con- 
trarye  to  the  Tables. 

Next,  they  averre,  That  such  meetings  are  agreable  to  the  dutye  of  good 
subjectes,  and  want  not  warrant  of  fundamentall  lawe,  being  made  up  of 
such  members  who  have  place  to  vote  in  parliaments,  acte  113,  pari.  11, 
James  VI.  which  ratifies  ane  acte  of  parliament,  James  I.  [^antio  1427]  that 
such  votings  reqwyre  previouse  meetings :  Quia  aliquo  concesso,  omnia 
concessa  videntnr,  sine  qtiihus  concessum  expediri  nequit.  Lastly,  They  say 
that  ther  meetings  wer  allowed  by  the  councell  iirst,  then  by  the  comis- 
sioner. 

The  King  replyes  shortly,  That  previous  meetings  wer  never  without  the 
calling  and  authority  of  the  King.  Second,  He  sayes.  It  is  most  false  that 
either  councell  or  commissioner  allowed  them. 

To  the  objectione  that  some  members  of  ther  Assembly  wer  under  cen- 


180  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A.  D.  1638.  sure,  they  ansuer,  That  none  such  could  they  fynd  who  wer  censured  either 
in  Scottlande  or  Irelande  for  laufull  causes,  or  by  a  laufull  judicatorye : 
And  for  the  liorning.  First,  It  was  suddenly  done,  after  some  wer  chosne 
members,  and  suspentiones  refoosed,  though  consignatione  was  offered,  and 
horning  in  itself  tackes  not  away  a  ministers  place  from  him :  And,  finally. 
This  was  not  objected  by  the  comissioner  when  the  severall  comissions  wer 
examined. 

The  Kings  replye  is,  That  it  is  a  peece  of  presumptione  to  them  for  to 
judge  the  actings  of  other  judicatoryes,  specially  of  Irelande.  SeconcUij, 
That  many  members  of  ther  Assembly  wer  denounced  to  the  borne  befor 
the  Assembly  was  thought  upon. 

To  the  objectione  of  the  private  instructiones  sent  from  ther  Tables, 
First,  They  deney  that  they  wer  a  publicke  deede,  or  sent  to  ther  know- 
ledge. Second,  That  the  phrase  of  ther  Christian  liberty  is  warrantably 
spockne,  in  opposition  to  ther  bondage  under  the  prelatts.  As  for  the  other 
paper,  they  ottered  to  the  commissioner  to  purge  themselves  upon  oathe, 
and  knew  no  article  therof  but  the  fourth  and  eighth,  concerning  chaptermen 
and  chapellmen,  whom,  they  saye,  they  had  reason  to  eschew,  as  being  de- 
clard  for  innovationes.  As  for  the  eighth  article,  de  episcopatu,  de  seniori- 
bus,  de  potestate  Miif/istratus  in  synodis  convocandis,  they  say,  Ther  was 
reason  for  to  call  such  as  could  dispute  thes  poyntes,  because  they  had  been 
proposd  by  the  Doctors  of  Aberdeene,  etc. :  That  heerby  they  wer  study- 
ing to  give  Cesar  his  own. 

To  all  this  the  King  replyes.  First,  That  ther  instructiones  wer  not  from 
the  publicke  meeting,  but  from  a  cabinett  councell,  who  ledd  the  rest  by 
the  nose,  whoise  names  he  knew,  etc.  Secondly,  If  it  was  forged,  it  was 
forged  by  none  but  by  Covenanters,  who  from  many  severall  shyres  of  the 
kyngdome  did  send  coppyes  of  the  same,  wryttne  in  the  same  wordes,  to 
his  commissioner  and  others,  and  yet  thes  Covenanters  did  not  know  one 
of  anotbers  sendinge.  Thirdly,  He  deneyes  that  any  man  in  the  Assembly 
offered  any  suche  oathe.  Yet  he  doubles  not  but  ther  wer  many  members  of 
the  Assembly  who  might  have  tackne  that  oath  safelye,  because  indeed  they 
wer  never  acqwaynted  with  thes  papers ;  but  his  commissioner,  he  sayes,  if 
he  had  been  putt  to  it  by  the  Assemblye,  could  have  named  many,  specially 
some  of  the  nobilitye,  gentry,  and  ministrye,  who  could  not  have  tackne 
that  oathe  without  perjurye.  Lastly,  Concerning  chappell  men,  he  sayes. 
First,  that  neither  that  article  nor  the  eighth  wer  published  in  ther  publicke 


Ch.  cv.]  history  of  scots  affairs.  181 

instructions  (for  it  would  have  offended  many  Covenanters,  who  wer  both  A.  D.  1638. 
chapter  men  and  chappell  men)  ;  and  therfor  they  acknowledging  it  to  be 
one  of  ther  instructiones,  must  needs  confesse  it  to  bee  amongst  ther  private 
ones.  But  (he  sayes)  it  is  a  wounder  that  men  should  not  be  ashamed  in 
print  to  avow  this  ther  false  and  partiall  dealinge;  for  this  instructione  con- 
cerninge  chapter  men  and  chappell  men  was  only  givne  to  barre  some  mo- 
derate Covenanting  ministers  from  being  chosne  comissioners ;  for,  notwith- 
standing this  instructione,  Mr.  Andrew  Ramsey,  who  both  was  one  of  the 
chapter  of  Edinburgh  and  subdeane  of  the  chapell  royall,  and  Mr.  Henry 
Rollocke,  who  was  prebend  of  the  same  chapter,  and  one  of  our  chappel- 
lans,  who  dwly  preached  his  turnes  in  our  chappell,  and  some  others,  fierce 
and  fyrye  revoulted  chapter  men  and  chappell  men,  were  chosne  comis- 
sioners, though  the  reasone  heer  exprest  was  as  strong  against  them  as 
against  the  rest. 

To  the  objection  that  they  went  to  Glasgow  armed,  they  ansuer.  That  it 
was  to  gwarde  them  from  the  Clan  Gregor,  then  in  rebellion,  banting  thes 
feelds.  Second,  That  the  comissioners  convey  was  lyckways  armed.  This 
last,  the  King  sayes,  is  most  false. 

To  the  objectione  that  they  refoosed  to  admitte  the  bishopps  Declinator, 
or  to  graunt  assessors  to  the  Kings  commissioner,  they  ansuer  as  has  beene 
related  at  lenth  befor(');  and  withall  deney  that  King  James  or  his  commis- 
sioner had  ever  assessors  graunted  to  them  at  laufull  Assemblyes,  till  they 
grew  corrupt  in  the  latter  tymes. 

The  King  replyes  to  this,  That  it  is  a  bold  and  impudent  speeche  to 
afErme  that  his  royall  father  kept  unlaufull  Assemblyes,  specially  when  some 
of  them  are  confirmed  by  parliament. 

To  the  objectione  that  the  Kinges  declaratione,  givne  in  by  Hamiltoun 
to  the  Assembly,  might  have  been  satisfactorye,  they  ansuer,  It  was  not  sa- 
tisfactorye,  as  not  being  a  legall  securitye  for  settling  peace,  nor  for  purging 
out  corruptione  ;  that  they  wer  forced  to  use  the  power  that  God  had  putt 
into  ther  handes  for  removing  innovationes,  since  the  commissioner  would  not 
stay  with  them  ;  for  thes  thinges  which  wer  established  by  law,  if  they  wer 
only  tackne  downe  by  proclamations,  and  not  by  lawes,  then  another  pro- 
clamation might  re-establish  them ;  and  who  mor  meet  to  abrogate  thes 
thinges  then  Generall  Assemblyes,  who  hath  the  only  power  to  determine 

(1)  [See  above,  vol.  i.  pp.   141-143  ;  vol.  ii.  pp.  7-'26.] 


182  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

D.  1638.    concerning  matters  of  Gods  publicke  worshipp  ;  and  that  a  legall  expulsion 

of  thes  innovations  was  necessaire,  because  the  prelatts  had  imposed  sundry 

of  thes  innovations  by  actes  of  councell ;  and  then  for  the  matter,  it  is  cer- 
taine  that  sundry  popish  errors  wer  a  bringing  in ;  and  for  the  High 
Comissione,  it  was  necessaire  that  both  Parhament  and  Assembly  should 
abrogate  it  by  ther  several  sentences,  because  it  had  incroatched  upon  both, 
and  wanted  the  consent  of  either  to  its  establishment.  For  Pearth  Articles, 
they  saye  that  a  declaratione  is  not  eneuch  to  repeale  actes  of  Assembly 
and  of  Parhament ;  and  if  the  Assembly  should  have  meddled  no  furder 
with  them,  then  it  was  praelimited,  as  if  it  might  not  judge  in  matters 
meerlye  ecclesiasticke,  without  a  licence  from  the  Kings  Majestye,  wheras 

N.  B.  the  Generall  Assembly  is  supreme  and  independent  in  matters  ecclesiasticall 
as  the  parliament  in  civil ;  and  the  parliament  ratificatione  of  actes  of  As- 
semblye,  its  only  for  adjoyning  a  civill  sanctione,  for  the  greater  terror  oif 
transgressors.  Concerning  the  oath  to  be  givne  to  intrants,  that  it  shall  be 
only  acording  to  actes  of  parliament,  they  ansuer,  That  this  implyes  that 
the  bishopps  shall  give  oathes  to  ministers,  as  if  bishopps  wer  unalter- 
able. As  for  freedome  to  keep  Assemblyes,  as  oftne  as  they  need,  they 
ansuer.  That  the  act  of  parliament,  1592,  gives  them  the  freedom  of  yearly 
Generall  Assemblyes,  or  oftner,  pro  re  nata,  which  this  offer  refooteth. 
Sixthly,  Concerninge  bishopps  to  be  tryed  by  Generall  Assemblyes,  they 
ansuer,  That  implyes  that  they  must  not  trye  ther  office ;  secondly,  they  say, 
They  have  been  tyed  to  the  lycke  befor,  but  befor  and  now  againe  have  de- 
clyned  censure.  Seventhly,  As  to  the  subscriptione  of  the  Confession  of 
Faith,  in  the  sence  of  1580,  they  adde  to  what  was  said  befor.  That  the 
coinraissioner  has  declared  that  the  subscriptione  of  it,  in  that  sence,  might 
subsist  with  the  innovations  since  introduced,  albeit  some  of  the  lords  of 
the  Sessione  thought  it  could  not  subsist  with  that  sence  of  1580  to  admitte 
innovations  since.  For  the  rest,  they  say.  It  belonges  to  the  Assembly 
to  give  the  true  sence  of  it. 

To  all  this  the  King  replyes.  First,  That  God  putt  never  that  power  in 
ther  handes  which  they  speacke  of,  but  the  devill,  who  is  author  of  all 
seditione  and  rebellione.  Second,  That  Generall  Assemblyes  have  not 
power  to  determine  matters  of  worshipp,  without  the  authoritye  of  him  or 
his  successors.  Third,  That  if  any  thing  was  practised  by  authoritye 
fi-om  the  lordes  of  the  councell,  it  was  not  strainge,  since  the  Confessione 
of  Faith,  and  band  annexed,  upon  which  ther  Covenant  is  grownded,  wer 


Ch.  cv.]  history  of  scots  affairs.  183 

enjoyned  at  first  only  by  his  fathers  authoritye  and  his  councell,  so  that  A.  D.  1638. 
the  bookes  {viz.  of  Service  and  Canons)  war  commanded  by  as  good 
authority  as  thes.  Fourth,  Ther  tenent  that  they  may  judge  and  deter- 
mine in  matters  meerlye  ecclesiasticall,  without  his  licence,  he  sayes,  is  a 
false  and  Jesuiticall  positione.  Fifth,  Concerning  episcopall  governement, 
its  being  controverted,  he  ansuers,  by  way  of  jeere.  That  it  is  a  fearfull 
proposition,  forsooth,  for  to  hould  episcopall  governement  to  be  an  un- 
controverted  governement,  which  hath  continowd  in  the  churche  ever 
sbce  the  tyme  of  Chryst  and  his  Apostles,  without  the  least  suspitione 
of  controversye,  untill  within  thes  few  yeares.  Sixth,  To  ther  asser- 
tione  of  the  lords  of  Sessions  declaration  of  the  sence  of  the  Confes- 
sione,  he  sayes,  They  doe  not  declare  all  the  truthe ;  for  of  twenty  Lords 
of  the  Sessione,  only  four  did  it,  but  the  rest  who  wer  present  did  the  con- 
trarye. 

To  the  objectione  that  nothing  would  satisfie  them  except  they  gotte 
licence  to  abrogate  episcopall  governement,  and  consequently  publick  stand- 
ing lawes,  and  one  of  the  three  estates,  they  ansuer,  referring  themselves  to 
the  acte  of  Assembly  for  abolitioneof  it,  That  the  reasones  may  bee  seen  ther. 

Which  reasones,  contained  in  that  acte,  the  King  sayes,  are  infaUiblye 
false. 

They  say  furder,  that,  after  the  commissioner  dissolved  the  Assembly, 
yet  willing  to  have  returned  the  next  morning,  which  is  alledged  in  the 
proclamatione,  they  ansuer.  They  desyred  him  to  returne,  but  that  he  re- 
foosed.     This,  the  King  sayes,  is  most  false. 

Wlier  it  is  objected  that  they  sate  still  after  the  Assembly  was  dissolved, 
they  ansuer,  They  had  reasone,  First,  Because  a  comissioner  constitute  it, 
and  sate  seven  dayes  with  them,  and  desyred  to  insert  his  declaratione  in 
ther  registers.  Second,  For  the  reasones  in  former  protestationes.  Third, 
The  Confession  of  Faith  obleidges  them  to  it,  which  Confession  implyes 
that  it  is  unlaufull  for  to  breacke  upp  Assemblyes.  Fourth,  No  law  for  the  N.  B. 
King  to  dissolve  them,  and  much  lesse  for  his  comissioner  so  to  doe,  who 
hath  ordained  it  to  be  kept  seciinduni  legem  et  praxin.  It  is  contrary  to 
the  Kings  coronotion  oathe,  who  sweares  to  observe  the  church  preive- 
leidges,  wherof  this  is  one.  Fifth,  The  Assembly,  1582,  sate  still,  though 
charged  with  horning  for  to  ryse  up.  Sixth,  To  dissolve,  after  so  much 
meanes,  and  fastes,  and  preparationes,  and  expectationes,  of  a  Generall 
Assembly,  wer  to  offend  God,  and  cast  all  thinges  loosse.     Seventh,  It  is 


184  HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 

A  D.  1638.  necessaire  to  sitt  still,  to  determine  the  true  sense  of  the  two  Covenants 
which  are  subscrybed  lately. 

The  King  replyes  no  mor  heer,  but,  That  ther  instance  of  the  Assembly, 
1582,  is  but  one  instance,  and  very  reprovable  ;  that  the  ministers  of  the 
pretended  Assembly  of  Aberdeen,  anno  1606,  did  the  same,  and  wer  se- 
verly  reproved  and  punished  for  it. 

To  the  objectione  that  they  have  citted  the  Kings  councellers,  in  ther 
protestatione,  to  ansuer  a  parliament,  they  ansuer,  That  it  is  acording  to 
lawe,  twelfth  acte,  parliament  second  Jacobi  IV.,  et  act  sixth,  parliament 
first  Jacobi  IV. ;  which  actes  warrant  evUl  councellers  misgwyding  the 
King  should  be  conveend,  and  made  countable. 

To  that  pairt  of  the  Kings  proclamation  which  dischargethe  all  men 
from  obedience  to  the  actes  of  ther  Assemblye,  etc.  they  ansuer,  First, 
That  such  a  command  is  contrare  to  Gods  law  and  mans  law,  and  they 
cannot  beleeve  that  ever  the  King  did  give  warrant  for  the  lycke ;  which  is 
proved  by  Matth.  xviii.,  1st  Cor.  v.,  et  Revelat.  ii. ;  all  which  places  shew 
that  the  power  of  the  keyes  are  so  intrinsecall  to  the  kirke  as  that  they  can- 
not be  tackne  from  her.  And  for  the  apostles,  they  practised  otherwayes, 
rather  obeying  God  then  man.  Thirdly,  It  is  contrare  to  the  civill  lawe, 
si  contra  jus  vel  iitilitatem puhlicam,  velper  mendacium  fuerit  aliquid  pos- 
tulatum  vel  impetratum  ab  Imperatore.  Et  titiilo  de  diversis  rescriptis  et 
praf/maticis  sanctionibus.  Fourthly,  To  the  canon  law  also,  decret.  decretal, 
extravayan.  titido  de  rescriptis.  Fifthly,  Contrare  to  the  customs  of  all 
nationes,  who  are  to  doe  justice,  though  princes  prohibite ;  cleared  by  Con- 
varnvia  in  Spaine,  Pappon  in  Fraunce,  Suedwyne  in  Germanye,  upon  that 
title  de  rescriptis  aut  constitutionibus principum.  Sixthly,  To  actes  of  Ge- 
nerall  Assemblyes,  as  of  Saint  Andrews,  twentieth  April,  1582  ;  Mon- 
tross,  in  July,  1597  ;  Edinburgh,  twenty-seventh  June,  1582,  session  seventh; 
wher  it  was  complained  that  his  Majesty  strove  to  erect  a  popedome  in  the 
churche.  Seventhly,  It  is  contrare  to  actes  of  parliament,  which  give 
Assemblyes  the  same  freedom  that  the  parliaments  have,  parliament  twelfth, 
Jacobi  VI. ;  parliament  first,  Charles ;  twelfth  parliament,  one  hundred 
and  fourteenth  act,  Jacobi  VI. ;  act  ninety-second,  parliament  sixth,  Ja- 
cobi VI. ;  et  act  forty-seventh,  parliament  eleventh,  Jacobi  VI. ;  et  one 
hundred  and  sixth  act,  parliament  Jacobi  VI.  Ninthly,  It  wer  contrare 
to  the  trwe  relligione,  sworne  to  by  the  King,  for  to  stopp  administratione 
of   discipline,    which   is    one   of   the  three  markes  of  the   trwe   churche. 


Ch.  cv.]  history  of  scots  affairs.  185 

Tentfihi,  By  the  Confession  of  Faith,  1580,  King  and  people  are  bounde  A.  D.  1638. 
to  obey  discipline,  and  to  doe  ther  best  to  defende  it ;  which  Confession  is 
now  subscrybed  by  the  greatest  and  best  pairt  of  the  kyngdome ;  and  first 
cap.  lib.  2.  of  the  Booke  of  Discipline  sayes  that  the  power  of  the  sworde 
may  not  impede  the  power  of  the  keyes,  etc.  Therfor  they  cannot  expect 
that  his  Majesty  will  now  (after  he  has  ordained  by  his  proclamation,  Sep- 
tember twenty-second,  all  to  be  ansuerable  to  the  Assembly)  goe  about  to 
stopp  the  laufuU  and  grave  sentences  of  the  nationall  kirke. 

To  all  this  long  defence  the  King  rep  lyes  shortly.  First,  Wheras  they 
remitte  ther  readers  to  a  special!  answer  made  to  the  comissioner  his  decla- 
ratione.  That  they  would  doe  weall  to  answer  that  declaration  and  the 
Querees  of  Aberdeen  better  ;  the  common  opinion  being  that  neither  of  the 
two  was  as  yet  weall  ansuered,  no  not  ansuered  at  all.  Second,  For  ther 
passages  of  scripture,  he  sayes,  They  are  prophaned  and  abused ;  for  no  such 
thing  can  be  possibly  or  probably  inferred  from  them.  Third,  To  ther  cit- 
tatione  of  the  canon  law,  he  sayes,  That  it  is  weall  that  they  will  cite  the 
pope  his  law,  whom  they  call  Antechriste  ;  for  (sayes  he)  when  any  thing  is 
objected  against  them  out  of  the  canon  law,  it  is  wswall  with  them  to  reject 
it,  as  popish  and  Antichristiane.  Fourth,  To  ther  Assembly  its  remonstrance! 
that  King  James  was  erecting  a  popedome,  he  ansuers,  That  the  pretended 
Assembly  [hath]  erected  a  popedome,  and  for  ther  authoritye  goe  upon  the 
same  growndes,  and  use  the  very  same  arguments,  and  abuse  the  very  same 
places  of  Scripture  which  the  pope  and  the  learndest  patrons  of  the  pope 
doe,  for  robbing  princes  of  ther  authoritye  over  all  ecclesiasticall  persons 
and  causes  in  ther  several  dominions  :  As  for  the  actes  of  parliament  which 
they  cite  and  applye,  the  King  calles  them  a  meer  babling.  F'ifth,  He 
sayes  ther  confessione  is  subscrybed.  By  the  greatest,  but  worst  pairt  of  the 
kyngdome.  Sixth,  He  tells  them,  That  the  sentences  of  ther  pretended 
Assemblye  wer  most  unlaufull,  light,  and  madd  sentences. 

Then  they  goe  on,  and  conclude  from  that  clowde  of  wittnesses,  of  veighty 
reasons,  I  should  have  saide,  that  they,  the  members  of  the  Assemblye,  have 
not  thoughtes  gwiltye  of  any  thing  which  is  not  incumbent  to  them,  as  good 
Christians  towards  God,  and  loyall  subjects  towards  ther  soveraigne  :  This 
they  protest,  in  the  Jiist  place,  and  that  all  ther  actes  of  Assembly  are 
acording  to  Gods  worde,  knowne  lawes,  with  sincerity  of  hearte,  without 
any  passione  ;  and  to  all  this  they  call  God  solemnlye  to  wittnesse.  Second, 
That  it  was  and  is  laufull  for  them  to  sit  still,  till  they  ryse  up  by  mutwall 

2  A 


186 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  III. 


A.  D.  1638.  consent.  Third,  That  this  Assembly  is  to  be  held  for  a  free  laufuU  Gene- 
rail  Assembly ;  and  all  its  actes  to  be  executed  and  obeyed ;  and  all  dis- 
obeyers  or  speackers  against  it  to  be  censured.  Fourth,  That  all  the 
members  of  the  churche,  in  ther  severall  stationes,  joyne  to  mantaine  it  to 
the  outmost.  Fifth,  They  protest  against  all  challendges  laide  against 
them  in  that  proclamatione,  and  that  ther  ansuers  are  true,  and  eneuch  to 
vindicate  them.  And  they  againe  cyte  and  summond  all  councellers,  or 
others,  who  have  had  any  hande  in  this  proclamatione,  to  ansuer  to  King 
and  parliament.  Sixth,  That  they  will  mantaine  each  other,  and  the  actes 
of  Assembly,  against  all  outwarde  and  inwarde  invasiones,  with  blood  and 
meanes,  etc.  Seventh,  That  all  inconveniences  that  falls  out  by  ther  pro- 
movall  of  this  Assembly,  in  its  constitutiones,  may  lye  upon  the  score  of  all 
opposers,  and  specially  upon  the  prelatts ;  and  they  desyre  the  King  and 
his  comissioners  asistance  thertoo.  Ei(/hth,  That  none  subscrybe  the  Co- 
venant, in  the  sence  that  the  comissioner  reqwyres  it  to  be  subscrybed. 
Ninth,  They  protest,  as  they  doe  adheare  to  all  and  evry  of  ther  former 
protestationes,  so  that  they  may  have  the  Kings  approbatione  to  all  the 
actes  and  proceedings  of  ther  Assembly,  and  ther  behaviour  during  the 
tyme  therof.  Upon  all  which  they  tooke  instruments  at  the  mercatt  crosse 
of  Edinburgh,  etc. 

To  all  this  the  King  replyes  only,  First,  That  ther  reasones  seemed  to  bee 
wrapped  upp  in  a  cloude,  for  both  they  are  so  darke  as  they  cannot  be  dis- 
cerned, and  they  doe  portende  a  storme,  but  have  no  weight  in  them  at  all : 
Second,  That  the  particular  protestationes  are  the  very  same  formerly  made 
by  them,  and  so  oftne  repeated  evne  unto  tediousnesse  ;  and,  therefor,  the 
Tlie  Marquis    reader  needs  no  mor  to  be  troubled  with  them. 

of  Hamilton  CVI.  Not  long  after  this  proclamatione,  the  Marquesse  of  Hamiltoune 

court  *  Minis-  ^^^  retwrne  to  courte.  And  how  soone  the  Assembly  ended,  such  comittyes 
ters  turned  and  delegates  as  wer  appoynted  by  the  Assembly  of  Glasgow  fell  rowndlye 
°"'     tt  ^°  worke  to  turne  out  such  ministers  as  refoosed  to  obey  its  decrees  ;  and 

[The  Cove-     caused  publish  its  actes  through  all  the  kyngdome,  and  presently  did  turne 

iianters]  ^^^  jj^g  bishopps  and  all  thes  rytes  and  innovationes  which  they  had  brought 

think  of  levy-    ....-,„  ,        .  ,       ° 

ins  an  array     m.    And  because  they  lorsaw  that  it  was  lycke  to  come  to  a  warre  betuixt 

and  taxes.  jjjg  Kinff  and  them,  therfor  they  beganne  in  the  winter  to  thinke  upon  levv- 
The  Kin"  de-    .  .  .  i  j 

Clares  the  iDo  ^^  ^^^  armye,  and  raising  tastes  amongst  themselves  for  the  mantenance 
Scots  rebels  in  of  that  armye.  Also,  they  begune  to  macke  some  fortes  of  defence,  and  to 
of  1639.      °    bring  in  mor  armes :  and  because  they  wer  loath   that   England  should  be 


Ch.  cvi.]  history  of  scots  affairs.  187 

niistackne,  they  send  in  ther  manifestos  thither.  Meane  whyle,  severall  of  the  A.  D.  1638. 
bishopps  and  ministers  who  wer  turned  out,  as  also  others  who  affected  the 
King,  came  running  to  courte  giving  the  alarum  as  hottly  as  ever  they 
could,  which  Hamiltoune  could  hardly  any  longer  extenuate.  The  conclu- 
sione  of  all  was,  that  the  King  in  end  founde  himself  necessitate  for  to  put 
on  his  cuirasse,  and  to  tacke  amies,  and  to  declare  the  Scottishe  rebells  in 
the  beginning  of  the  yeare  1639,  albeit  the  English  did  not  fancye  the 
warre  against  the  Scottish  muche.  The  beginnings  and  progresse  of  that 
warre  reqwyres  a  narratione  by  itself.  It  is  tyme  to  draw  to  ane  ende  of 
this  Assembly,  and  thes  warres  betuixt  the  King  and  Covenanters,  which 
wer  foughne  with  penns,  paper,  proclamations,  and  petitions,  and  protesta- 
tions :  I  have  insisted  so  much  the  longer  upon  this  Assemblye,  because 
by  it  was  the  frame  of  the  presbyterian  government  either  reedifyde,  cor- 
rected, or  enlarged,  acording  to  the  fancye  of  the  workmen,  who,  for  some 
following  yeares,  wer  still  innovating  some  what  in  that  waye  of  churche 
policye. 


HISTORY 


SCOTS     AFFAIRS. 


THE    FOURTH    BOOKE. 


HISTORY  OF  SCOTS  AFFAIRS. 


Kinsf  incensed. 


THE  FOURTH   BOOKE. 

I.  HowBEiT  the  Kings  Majestye  was  alreadye  unsatisfeed  eneuch  with  the 
Scottishe,  who  would  acquiesce  in  none  of  his  concessiones,  layinge  hold 
upon  all  his  actes  of  grace  as  lesse  then  ther  dwe,  so  farr  as  that  in  the 
Assembly  they  wer  begunne  to  be  ther  owne  carvers,  and  to  speacke  out  in 
bigge  langwage  of  protestationes,  that  ther  was  a  coordinatione  and  ane  in- 
dependencye  betuixt  Church  and  State :  Yet  he  wanted  not  such  about  him 
who  strove  to  kindle  him  furder,  specially  the  bishopps  and  some  of  the 
Scottish  officers  of  State,  who  saw  that  themselves,  by  thes  revolutions,  wer 
lycke  to  be  the  first  suft'erers.  Thoise  and  ther  factione  strove  by  all  meanes 
possible  to  alarum  England  with  the  rumor  that  the  Scottishe  intended  to 
invade  them,  knowing  that  the  Commons  of  England  at  that  tyme  stoode  so 
dissaffected  to  the  King  that  they  wer  glade  to  heare  of  the  Scottish  tumults ; 
so  that  themselves  should  not  therwith  bee  aifected. 

II.  Nor  wer  the  Covenanters  ignorant  of  the  goodwill  that  was  borne    Proceedings 
to  them  by  many  in  Eng-land :     And,  therfor,   how   soone  the  Assembly  of  °^  "^"^  Cove- 

njintGrs  in 

Glasgow  ended,  after  they  had  made  applicatione  to  the  Councell  of   Scott-   their  own  vin- 
land,  and  by  ther  supplicatione  had  striven  to   vindicate  the  clearnesse  of  dication. 
ther  intentiones,  they  founde  it  necessarye  in  the  next  place  for  to  publish  a   fggtp_ 
Manifesto  to  all  good  Christians  within  the  Kyngdome  of  Englande,  from  the   January  13. 
Noblemen,  Barrons,  Burrows,  Ministers,  and  Commons  of  the  Kyngdome  of 
Scottland  (thus  they  name  themselves  in  the  title),  for  Vindicating  ther  In- 
tentions and  Actions  from  the  Unjust  Calumneys  of  ther  EnemyesC.    This 
declaratione  was  dated  February  fourth,  1639:    It  spocke  to  the   pourpose    February  4. 
following  : 

That  ther  adversaryes,  not  being  able  to  beate  downe  the  walles  of  Jeru- 

(1)  [It  will  be  found  in  Rushworth's  Historical  Collections;  and  in  Historia  Motuum,  pp. 
296—306.] 


192  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

salem,  they  wer  fallne  now  to  undermyne  them  with  a  calumniare  audacter 
xemiier  aliquid  hmrehit ;  opposing  Ezra  and  Nehemia,  lycke  Tobias  and  San- 
ballat,  saying  to  the  King  Why  is  the  rebelliouse  cittye  biiilded  ?  And,  ther- 
for,  wer  whispering  to  the  King,  and  proclaiming  in  Englande,  besyde  all 
that  they  wer  charged  with  by  the  proclamatione,  December  eighteenth,  that 
ther  intentiones  wer  to  shacke  off  the  laufull  yocke  of  authoritye  ;  to  chaunge 
the  forme  of  civill  governement ;  to  invade  ther  neighbour  countrey  of  Eng- 
land, and  to  inrich  themselves  with  the  spoyles  therof.  Then  they  declare 
and  doe  protest,  in  the  presence  of  God,  that  they  had  never  the  least 
thought  against  his  gratiouse  Majesty es  persone  or  government ;  that  he  is 
ther  laufull  King ;  that  they  wUl  never  deface  his  lyne,  to  whom  it  belonges 
of  right  to  rule  over  them ;  that  they  will  hazard  lyves  and  fortunes  for  the 
mantenance  of  his  persone  and  authoritye. 

As  to  ther  intentione  to  invade  England :  They  declare,  and  attest  the  ever 
living  God,  that  they  never  had  any  such  designe  to  offend  or  worong  them 
in  the  smallest  measure.  Only  they  regrate,  with  ther  deer  Christian  breth- 
eren  of  that  natione,  that  the  church  men  of  greatest  power  in  England 
should  sett  on  foote  dangerouse  plotts,  for  introducing  novations  in  relligione, 
by  corrupting  doctrine,  chaunging  discipline,  innovating  the  outward  wor- 
shipp,  preaching  and  mantaining  heades  of  Arminianisme  and  poperye,  ad- 
vauncing  professors,  and  allowing  bookes  of  that  judgement,  banishing  all 
who  oppose  the  kirke  of  Rome,  incroatching  upon  the  Kings  prerogative, 
tyrannismg  over  the  consciences  and  goods  and  estates  of  persons  of  all 
qwalitye  within  that  kyngdome :  That,  fuvder,  they  had  encouraged  the  pre- 
tended bishopps  of  Scottlande  for  to  presse  Scottland  not  only  to  ane  uni- 
formitye  with  ther  actinges  in  matter  of  ceremoney,  but  also  with  the 
churche  of  Rome  ;  as  appeares  bye  the  Bookes  of  Common  Prayer  and 
Canons,  corrected  and  enterlyned  in  Englande,  and  then  sent  downe  beer 
to  be  printed,  and  pressed  upon  all :  That  they  had  caused  the  King  prohibit 
the  lawfuU  meetings  of  his  subjects,  as  treasone  ;  and  to  discharge  the  sitting 
of  ther  Assemblye ;  to  tbreatne  and  prepare  for  ane  invasive  warre,  and  to 
entruste  papistes  with  places  of  cheifest  charge  in  his  armys  a  preparing :  And 
are  stryving  to  raise  jealousyes  betuixte  the  two  kyngdomes,  and  comitte 
them :  that  therby  the  reformed  relligion  may  be  extinguished,  a  warre 
kindled,  and  popery  introduced,  which  alreadye  is  stronge  in  Englande. 
Next,  they  regrate  that  thes  calumneyes  are  better  trusted  then  ther  pro- 
testationes,  or  supplicationes,  or  covenant  with  God  :  therfor  they  desyre 
them  to  suspend  ther  beleefe  till  better  informatione.   Then  they  regrate  that 


Ch.  III.]  HISTORY  OF  SCOTS  AFFAIRS.  193 

any  should  thinke  the  standing  of  episcopacye  in  Scottlande  to  be  a  just  A.  D.  1639. 
grownde  for  England  to  invade  Scottland;  seing  that  episcopacye  is  contrare 
to  ther  lawes  and  church  constitutions,  and  ever  was  so  :  Therfor  they  desyre 
them  to  advyse  whither  such  a  warre  will  be  just  on  the  part  of  the  invaders; 
or  if  the  setting  upp  of  bishops  will  qwytte  the  cost  of  so  much  Christian 
bloode.  They  declare  that,  except  they  would  deney  knowne  light  and  ther 
Covenant,  they  could  doe  no  lesse  then  they  have  done  :  And  that,  albeit  they 
be  a  free  nation,  yet  they  are  willinge  to  satisfee  all  men  of  the  sincerity  of 
ther  intentiones,  and  putts  no  questione  but,  if  ther  war  a  parliament  sitting 
in  England,  that  parliament  would  pleade  for  them  at  the  Kinges  handes : 
That  they  have  at  ther  frequent  meetings  cleared  the  sinceritye  of  ther 
intentiones  one  to  another,  upon  ther  greete  oathes :  That  if  they  did 
obtaine  ther  desyres,  the  Englishes  one  day  would  reape  the  fruicte  therof,  N.  B. 
and  who  knew  how  soone :  That  they  should  be  only  defencive,  and  though 
Englande  invaded,  yet  they  should  not  conster  that  warre  as  proceeding 
from  the  bodye  of  the  kyngdome,  but  from  persons  ill  affected  to  both  kyng- 
domes :  That  they  wer  sensible  of  the  English  ther  sufferinges  and  bur- 
thens, by  the  tyrrany  of  that  hierarchye  and  Romishe  suggestions :  That 
ther  mane  aime  is  to  enjoye  ther  relligione  in  puritye,  and  ther  lawes  and 
libertyes  acording  to  ther  fundamental!  constitutions  ;  the  which  could  be 
no  ground  for  ther  deer  bretheren  to  qwarell  with  them  :  That  they  founde 
themselves  obleidged  to  declare  no  lesse  for  confirming  ther  bretherens  good 
opinion  of  them,  and  arming  them  against  the  slaunders  of  such  as  endea- 
vour the  final  overthrow  and  esterminione  of  the  kyngdome  of  Jesus  Chryst 
from  this  whole  illande,  which  God  avert ;  and  that  for  procuring  ther 
ends  they  will  employ  no  other  armes  (except  they  be  enforced)  but  fasting 
and  prayer  to  God,  and  supplications  to  ther  gratiouse  Soveraigne. 

III.  It  was  not  hard  to  discerne  that  Canterburye  (though  not  named)  Its  reception 
was  cheifly  reflected  upon  in  this  Declaratione:  Nor  did  it  wante  the  enter-  e^""™)!  "  '" 
tainement  in  England  and  acceptaunce,  that  the  penners  and  publishers 
wished  unto  it ;  for  it  was  snatched  upp  and  readd,  with  a  greedy  delectatione, 
by  many  who  wer  tyred  with  a  long  peace,  and  to  whom,  upon  several  ac- 
compts,  the  episcopall  greatnesse  seemed  either  formidable,  or  ther  order 
superstitiouse. 

But  the  King  did  his  best  (though  in  vaine)  for  to  smother  this  Declara- 
tione (which  he  esteemed  no  better  then  a  seditiouse  panphlet),  by  his 
publicke  proclamationes  against  all  divulgers  therof,  or  others  who  kept  it ; 

2  B 


194  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.    and  withall  caused  another  Declaratione  of  a  contrare  strane,  to  be  pub- 
lished,  (of  which    I   shall    speake   afterwardes).     Albeit,  the  Scottish  wer 
better  beleeved  and  favoured  at  that  tyme  then  the  King  was  in  Englande. 
The  King  IV.  It  was  not  to  be  expected  that  the  King  could  any  way  promove  his 

i-ounter  De-  designes  by  a  parliament,  as  thinges  ruled.  Scarcely,  in  ane  affaire  of  so 
claration ;  great  concernement,  could  he  macke  use  of  all  his  councell  of  Englande ;  yet 
to'take  arms  ^^  fowiide  himselfe  necessitate  to  tacke  arines,  and  to  declare  the  Cove- 
and  declare  nanters  to  be  rebells  ;  albeit,  his  court  (who  for  the  most  pairt  wer  mor  for 
e -s  rebels"''his  ^^"^^^  games  then  martiall  sportes  at  this  tyme)  had  little  stomacke  for  the 
endeavours  to  feelde.  Such  as  favored  the  Covenanters  lycked  not  to  see  the  King  victo- 
raise  money,     riouse  in    a   warre   which    would  encrease   ther  bondasre.     However,  the 

Contributions  i-  r    i       ^ 

from  the  Eng-  generalitye  ot  the  Commons  wer  weall  content  to  see  that  by  this  meanes 
hsh  clergy  and  the  Kinge  Would  be  necessitated  to  call  a  parliament,  though  he  had  brockne 
upp  severall  parliaments  befor ;  and  wer  hopefull  that,  if  a  parliament  wer 
once  mette,  they  would  keep  the  matter  from  turning  to  a  warre,  and  lyck- 
wayes  would  punish  such  as  they  supposed  to  be  the  fomenters  of  thes 
divisions. (■) 

The  King  thought  that  he  had  long  eneuche  foUowd  the  Covenanters 
with  fairnesse,  and  that  it  was  to  little  pourpose  to  lett  them  have  gottne  the 
starte  upon  him,  (who  all  the  last  yeare  had  beene  provyding  themselves 
with  necessaryes  for  a  warre,  and  to  his  face  hindering  him  from  macking 
use  of  his  owne  strenthes  in  Scottlande)  :  Therfor  he  bethinkes  himselfe 
wher  money,  the  nerve  of  the  warre,  was  to  be  had.  None  was  to  be 
expected  from  a  parliament;  and  his  owne  revenew  cowld  not  serve  the 
turne.(2)  It  was  needfull  for  to  hastne  his  levyes,  but  that  reqwyred 
moneye ;  and  who  should  mor  properly  contribute  for  that  effecte  then  the 
bishopps  of  Englande ;  for  they  fownde  themselves  much  concerned  in 
the  qwarell :  the  myters  of  Scottland  wer  strucke  downe,  and  they  saw 
thers  levelld  at. 

Therfor  orders  wer  isswed  from  the  lordes  of  the  councell  of  Englande  to 
the  archbishopp  of  Canterbury e  (who  was  very  urgent  to  hastne  the  levyes), 
and  to  the  archbishopp   of  Yorke,   commanding  them  to  sende  forth  direc- 

(1)  [Monteth's  History  of  the  Troubles,  p.  45.] 

(2)  [Burnet's  Memoires  of  the  Hamiltons,  p.  114.  On  the  other  hand,  Clarendon  says 
that,  "  the  revenue  had  been  so  well  improved,  and  so  warily  managed,  that  there  was 
money  in  the  exchequer  proportionable  for  the  undertaking  any  noble  enterprise."  History 
of  the  Rebellion,  vol.  i.  p.  200.  edit.  Oxford,  1826.     8vo.] 


Ch.  v.] 


HISTORY  OF  SCOTS  AFFAIRS. 


195 


tiones  to  all  the  bishopps  under  them  to  conveen  the  clergye  of  ther 
dioceses,  and  to  invite  them  to  a  liberall  contributione.f  Seiug  it  was  no  lesse 
then  the  Bishopps  WarreC^)  in  the  esteeme  of  the  people,  the  bishopps  could 
doe  no  lesse  ;  but  what  the  totall  summe  of  that  contributione  did  amount 
unto  was  not  known.  It  may  be  supposed  that  it  was  considerable  ;  being 
that  the  Kinge,  by  that  meanes,  and  the  contributiones  of  severall  of  the 
nobilitye  and  gentrye  of  England,^')  was  enabled  to  put  a  considerable  armye 
into  the  feelds,  and  his  fleete  to  sea ;  with  a  land  army  not  altogether  con- 
temptible, if  advantageously  employed. 

V.  It  is  affirmed  *  by  some  that  the  King  caused  give  ane  oathe  to  all 
the  English  and  Scottish  noblemen  who  bore  offices  about  or  did  foOow  the 
courte,  wherby  they  did  abjure  the  Covenant  and  synod  of  Glasgow,  and 
promisd  for  to  contribute  all  ther  strenth  for  the  Kinges  asistaunce  when- 
ever the  King  calld  for  it ;  which  he  was  not  long  a  doing,  whither  he 
gave  them  an  oathe  or  not :  For  all  of  them  who  were  his  domestickes,  either 
ordinar  or  extraordinare,  wer  commanded  to  follow  him  in  armes,  with  aU 
ther  vassalls.  And  ther  wer  letters,  of  the  date  January  twenty-sixth,  sent 
to  all  the  English  nobilitye,  commanding  them  to  meete  the  King  at  Yorke, 
wher  his  army  was  to  rendevouse  in  the  begining  of  Apryle  foUovving,  that 
from  thence  they  might  with  him  marche  to  the  borders  of  Englande  for  to 
oppose  the  Scottishe.  Many  volontiers  offered  ther  service  to  the  King, 
and  helped  to  macke  upp  his  armye  :  Lyckwayes  severall  experimented  old 
officers,  t  whoise  trade  had  alwayes  been  to  live  by  the  sworde,  very  wil- 
lingly undertooke  to  follow  him.  The  Earle  of  Arundell,  a  nobleman  of 
old  extracte  and  greate  worthe  and  loyaltye  to  his  prince   (but  a  profest 


The  King 
orders  his  do- 
mesticksjwith 
their  vassals, 
to  meet  him 
in  arms  at 
York,  on  the 
twenty-sixth 
of  January  ; 
also  letters 
written  to  the 
nobility  to  the 
same  purpose. 
Earl  of  Arun- 
del made  ge- 
neral ;  other 
officers. 


(1)  [Heylyn's  Life  of  Archbishop  Laud,  pp.  380—382.] 

(2)  [Whitelock's  Mcmorialls,  p.  30.,  edit.  1732  ;  Sanderson's  Hist,  of  Charles  I.,  p.  248.] 

(3)  [See  lists  of  those  who  contributed,  and  of  those  who  failed  to  contribute,  in 
Nalson's  Impartial  Collection  of  the  Great  Affairs  of  State,  pp.  202 — 206.  Lond. 
1682.  fob] 

*  Spang,  Historia  Motuum,  pag-  295.  The  Covenanters,  in  ther  Ansuer  to  the  Kings 
Declaration  (of  the  date  February  twenty-seven)  alledge  that  the  Scottish  about  court  wer 
made  to  subscrybe  the  Kings  covenant,  with  this  addition,  That  they  should  not  acknowledge 
the  generall  Assembly  ;  that  they  should  not  adheare  to  the  late  band  and  covenant  sworne 
to  by  the  Scottishe  ;  and  that  they  should  oppose  the  Covenanters  with  ther  best  power,  etc. 
[Historia  Motuum,  p.  347.] 

t  Earle  of  Essex,  lieutenant  general  to  foote  ;  Earle  of  Holland,  to  horse  and  pairt  of  the 
fleete. 


196 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Huntly's 
allotment ; 
Aberdeen  for- 
tified ;  Hunt- 
ly's proceed- 
ings at  Aber- 
deen. 


papist  to  his*  relligione),  was  appoynted  generall,'"  and  Yorke  the  rende- 
vouse,  Apryle  first. 

The  Marquesse  of  Hamiltoune  t  was  appoynted  generall  of  the  sea  forces 
and  commander  of  the  fleete.  Thes  forces  are  said  to  have  been  about  fyve 
thousand  in  number :  His  order  was  to  sale  unto  the  coast  of  Scottland, 
unto  the  Firth  of  Forthe. 

The  Earle  of  Stratforde,  deputye  of  Irelande,  was  ordered,  and  also 
voluntarly  undertooke,  to  macke  either  ane  impressione  or  a  diversion  upon 
the  westerne  pairtes  of  Scottland  neerest  Irelande,  but  specially  upon  Ar- 
gylles  countreye;  and  Earl  Antrum  and  Donald  GorumC^)  promised  to  asiste 
him. 

The  Marquesse  of  Douglasse,  the  Earle  of  Nithsdale,  and  the  Lord 
Herrise,  wer  comissionate  to  raise  all  they  could  towards  the  border  and 
southe  pairtes  of  Scottlande  :  And  the  middle  pairtes  of  the  kyngdome  wer 
put  under  the  commando  of  the  Earle  of  Airlye. 

VI.  But  all  the  north  of  Scottland,  beyond  the  Mearnes,  was  the  divi- 
sione  of  the  Marquesse  of  Huntlye  ;  who  appeared  at  that  tyme,  both  for 
his  greatnesse  and  follownge,  and  associats  all  resolute  for  the  Kings  in- 
terest, most  formidable  of  anye  to  the  Covenanters.  His  statione,  about 
this  tyme,  Huntly  fixed  at  Aberdeene ;  both  for  the  loyaltye  of  the  cittizens, 
as  also  for  the  fittnesse  of  the  place  and  the  sea  port,  which  (in  vaine)  he 


*  The  King  seems  to  deney  this  in  his  Declaratione,  February  twenty-seventh.  [Arundel's 
creed  seems  to  have  been  very  doubtful.  Clarendon  says,  "  he  was  rather  thought  to  be 
without  religion."     Hist,  of  Rebell.  vol.  i.,  p.  100.] 

(1)  ["  The  King  chose  to  make  the  earl  of  Arundel  his  general,  a  man  who  had  nothing 
martial  about  him  but  his  presence  and  his  looks,  and  therefore  was  thought  to  be  made 
choice  of  for  his  negative  qualities :  he  did  not  love  the  Scots  ;  he  did  not  love  the  puri- 
tans ;  which  good  qualifications  were  allayed  by  another  negative,  he  did  love  nobody  else  : 
but  he  was  fit  to  keep  the  state  of  it ;  anil  his  rank  was  such,  that  no  man  would  decline  the 
serving  under  him."     Clarendon,  Hist,  of  Rebell.  vol.  i-,  p.  201.] 

t  Scottish  Remonstrance,  March  twenty-second,  [Historia  Motuum,  p.  348.]  sayes  that 
Hamiltoune  was  appoynted  to  joyne  with  forraigne  forces  who  wer  to  attend  the  Kings 
Majestye :  But  who  thes  forreigne  Ibrces  wer  it  is  hard  to  tell  to  this  daye,  if  it  wer  not 
Irishes.  Furder,  they  affirme  that  the  Earle  of  Lindsey  was  appoynted  for  the  sea,  with 
seventeen  of  the  Kings  great  shipps,  furnished  with  three  thousand  souldiours,  to  come  into 
such  places  of  Scottland  as  ther  commission,  when  it  was  unsealed,  appoynted  them  :  But 
neither  he  nor  they  ever  came.  Finally,  they  sayc  that  six  hundred  horses  wer  appoynted 
for  to  infeste  the  borders  of  Scottlande :  But  it  is  sure  that  much  of  thes  preparations 
vanished  into  smooke ;   and  mor  was  spockne  then  was  trwe. 

(2)  [Sir  Donald  Macdonald  of  Sleat,  surnamed  Gornie  Oig,  ancestor  of  Lord  Macdonald. 
He  was  created  a  baronet  in  1625,  and  died  in  1643.] 


Ch.  VII.]  HISTORY  OF  SCOTS  AFFAIRS.  197 

thought  should  he  verye  comiuodiouse  to  him  for  landing  of  forces.     Lyck-    A.  D.  1639. 

wayes,  the  townsmen,  by  his  perswasione  and  ther  oune  inclinatione,  fell  to       

worke  for  to  raise  some  defence  about  ther  towne  ;  albeit  that  nature  has  not 
made  the  place  wher  Aberdeen  standeth  capable  of  any  considerable  de- 
fence, acording  to  the  rules  of  moderne  fortificatione  :  Thes  rampers  of 
thers  wer  no  better  then  trenches ;  nor  did  ther  ingeneers  ther  dutye  in  the 
drawing  of  ther  lynes,  either  for  want  of  skill  or  willingnesse  to  that  worke, 
which  afterward  proved  qwytte  uselesse.(') 

VII.  Huntly  had  reqwyred  from  the  King  the  assistance  of  two  or  three  Assistance 
thousand  men,  and  amies  for  five   thousand   mor,  and  a  comissione  for  a  f^pected  by 
lievtenantcye  in  the  north,  which  had  been  oftne  graunted  to  the  heades  of  the  Kmg'^to' 
his  family  in  former  tyraes.    The  comission  he  receaved,  the  aide  of  men  was  -Aberdeen. 
promised ;  but  nothing  came  to  him  (and  that  after  much  expectatione),  but  seaseV;  posts 
armes  for  three  thousand  foote  and  ane  hundreth  horses ;  which  came  not  to  stopped  and 
him  till  that  yeare  in  Marche,  and  wer  sent  upon  the  charges  of  Dr.  Mor-  K^n^'s^c" 
toune,  bishopp  of  Durhame.     As  for  the  souldiours  who  should  have  landed  eels  betrayed 
at  Aberdene  or  elsewher,   it  is  trwe  that  the   King  had  promised  Huntly  nant    **^°^*'' 
asistaunce  of  men  ;  but  the  Marquesse  of  Hamiltoune  (who  alwayes  looked 
upon  Huntlye  with  ane  evill  eye,  as  the  aemulator  of  his  greatnesse,  and 
withall  was  a  secret  freend  all  the  whyle  to  the  Covenanters)  disswaded  the 
King  from  sending  men ;  alledging  for  his  reasone,  that,  if  the  Kino-  did  so, 
it  would  turne  all  the  burthen  of  the   warre  upon  the   Kinge.     How  truly 
this  was  saide,  I  leave  to  the  readers :    One  thing  certanly  is  true,   that  by 
this  councell  the  Kings  hopes  that  he  conceived  from  his  freends  in  Scottland 
wer  blasted  ;  for  the  noblemen  and  Highlanders,  who  stoode  for  the  King  in 
Scottland,  promisd  ther  concurrence  upon  that  expresse  conditione,  that  they 
might  have  a  considerable  number  of  trained  souldours  to  joyne  with ;   who 
never  appearing,  some  of  thes  who  had  undertackne  to  doe  much  for  the 
King,  either  could  not,  or  made  that  ther  pretext  why  they  would  not,  stirre. 
It  was  by  this  meanes  that  Huntly  was  engadged  in  a  manner  alone,  and 

(2)  ["  The  toun  of  Aberdein upon  the  first  day  of  March  [1639],  fell  to  work,  and 

cast  deep  ditches  frae  the  Gallowpet  port,  down  the  north  syde  of  the  toun  towards  the 
Castlehill,  and  about  the  hill,  and  upon  the  south  syde  of  the  toune.  They  raised  up 
timber  sconses  anent  the  loch,  cled  with  dailies,  whereby  the  toune's  musketiers  might 
safely  stand  and  molest  the  enemy.  They  had  the  like  sconses  at  the  Gallowget  port  upon 
the  hill.  They  had  eleven  peice  of  ordinance,  which  was  planted  most  commodiously  upon 
the  toun  streitts,  ilk  peice  haveing  ane  timber  sconse  sett  up  for  souldiers  to  defend  the  samen. 
And  thus  wer  they  busied,  man  and  woman,  making  gryte  expenssis  to  hold  them  out,  who 
would  not  be  holden  out  for  them."     Spalding,  Hist,  of  Troubles,  vol.  i.,  p.  97.] 


198 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Berwick  and 
Carlisle  gar- 
risoned. 
King's  pro- 
clamation, 
twenty- 
seventii  ot 
February. 
February  27. 


necessitated  for  to  lay  downe  his  armes  and  render  himself  in  Marche 
followinge. 

Besyde  thes  praeparations,  the  King  caused  arrest  such  of  the  Scottishe 
merchant  shippes  as  wer  in  England,  and  forbade  them  all  trade  ther,  and, 
as  far  as  he  could,  caused  his  fleete  stopp  ther  trading  to  other  places. 
Lyckwayes,  the  packett  and  intelligence  betuixt  England  and  Scottland  was 
stopped,  and  order  givne  for  to  searche  the  poastes  and  all  passengers  for 
letters,  that  Scottland  might  no  mor  know  his  praeparationes  :  Which  was  all 
to  no  pourpose ;  for  the  most  pairt  of  his  cabinett  councells  wer  constantly 
reveald  to  the  Covenanters  by  such  of  his  courteours  who  privatly  favourd 
them,  specially  some  of  the  *gromes  of  his  bedd  chamber,  who  made  it  ther 
ordinar  trade,  at  night,  when  the  King  was  a  bedde,  for  to  steale  out  of  his 
pocketts  such  letters  as  any  who  stoode  for  the  King  in  Scottlande  had 
wryttne  to  the  King  ;  which  they  coppyd  out  and  sent  the  just  doubles  to 
the  cheife  of  the  Covenanters  ;  and  oftne  tymes  gave  secrett  notice  to  the 
Covenanters  of  the  tyme  that  anye  of  the  Kings  letters  wer  directed  to  any 
of  his  trustees  in  Scottland,  who,  by  this  meanes,  had  opportunitye  to  in- 
tercept such  of  the  King  his  letters  as  they  thought  most  expedient  to  know 
the  contents  oif.  Amongst  others  theyt  intercepted  a  packett  sent  from  the 
King  unto  the  Marquesse  of  Huntlye. 

VIII.  Finally,  the  King  tooke  care  to  putt  in  garrisones  in  Bervicke 
and  Carlisle,  which  are  the  frontier  townes  of  Scottland.  And  because  the 
Covenanters  had  spreade  a  declaratione  in  England,  the  King  secondes  his 
preparationes,  and  confrontes  ther  declaratione  with  a  proclamatione,  of  the 
date  February  twenty-seventh,  which  he  caused  be  reade  in  all  the  parosh 
churches  of  Englande,  when  the  people  wer  conveened  to  divyne  service : 
The  title  and  contents  wherof  wer  as  foUowes.(')    It  was  superscrybed  by  the 


*  I  tould  in  the  second  booke,  that  the  cheife  of  thes  wer  James  Maxwell  of  Innerwicke, 
Mr.  Maule  of  Panraure,  and  William  Murrey,  nephew  to  Mr.  Robert  Murrey,  minister  at 
Methven. 

f  Spang,  Historia  Motuum,  pag.  314.  ["  Ab  iis  interceptae  erant  tum  literae  ad  Mar- 
chionem  Himtilieum,  nobilcm,  clientelse  numerosissimae,  cujus  in  Borealibus  Scotias  pro- 
vinciis  ultra  montem  Gram|)ium  formidabilis  olira  consuevit  esse  potentia  ;  &  hisce  Uteris  in- 
telligunt  foederati,  Huntilceo  cum  summa  authoritate  istarum  provinciarum  prasfecturam 
a  rege  demandatam  fuisse  :  quam  sciebant  cupide  amplexurum,  &  nihil  reliqui  ad  summam 
diligentiam  facturum,  quo  regis  desiderio  satisfaceret,  &  familiae  suae  Gordonianae  existima- 
tionem  augeret."] 

(1)  [This  Declaration  will  be  found  in  the  Historia  Motuum,  pp.  307 — 314,  and  in 
Rushworth's  Historical  Collections.] 


Ch.  VIII.]  HISTORY  OF  SCOTS  AFFAIRS,  199 

King ;  its  title  was,  "  A  proclamation  and  declaratione  to  enforme  our  loving  A.  D.  1639. 
subjectes  of  our  kyngdome  of  Englande  of  the  seditiouse  practices  of  some 
in  Scottland,  seeking  to  overthrow  our  regall  power,  under  false  pretences 
of  relligione."  Then  he  declares,  that  as  by  faire  meanes  he  had  for  a  long 
tyme  now  endeavoured  to  appease  the  disorders  and  tumultuary  carriadge 
of  some  evill  affected  men  in  Scottlande,  but  in  vaine,  that  he  now  founde  it 
necessary  to  informe  all  his  good  subjectes  of  England  of  the  truth  of  his 
proceedings  ;  what  his  gentlenesse  had  been  towards  them  ;  and  how  per- 
verse ther  returnes,  howbeit  they  did  insinwate  much  with  the  Inglishes  ther 
odiouse  cause  :  That  the  Scottish  disorders  wer  fomented  by  factiouse 
spiritts,  under  the  clocke  of  relligione,  but  in  effect  to  shacke  of  monarchy 
and  vilifie  regall  power ;  that  they  had  labourd  to  seduce  thes  of  Ingland 
into  that  rebellione,  poysoning  them  by  ther  subtUl  wayes  ;  that,  albeit  he 
was  confident  of  the  loyalty  of  the  Englishes,  who  had  testified  it  in  pairt 
by  ther  readye  asistaunce,  yet  he  could  not  but  holde  it  requisite  to  give 
them  tynilye  notice  of  ther  treacherouse  intentiones,  which  did  appeare  to 
him  very  many  wayes  : 

First,  By  ther  multitude  of  printe  pamphletts  or  lybells,  stufled  full  of 
calumnyes  against  his  royall  authority e  and  just  proceedings,  and  spreading 
them  through  this  kyngdome  of  Englande. 

Second,  By  sending  ther  letters  to  privat  persones  to  incite  them  against 
us,  and  sendinge  some  of  ther  fellow  Covenanters  to  be  at  privat  meetings 
in  London  and  elswhare,  to  perverte  good  people  from  ther  dutye  :  that 
some  of  ther  meetings  he  knew,  and  some  of  thes  letters,  lewde  eneuch,  he 
had  seene. 

Third,  By  a  publicke  contemning  his  just  commands,  and  ther  moutinouse 
protesting  against  them  ;  a  course  not  fitt  to  be  endured  in  any  weall  ordered 
kyngdome. 

Fourth,  By  rejecting  the  Covenant  commanded  by  authoritye,  because  it 
was  commanded  by  the  King ;  wheras  no  such  bande  can  be  warrantable  in 
Scottland  without  the  Kinges  consent  and  authoritye  :  for  instance,  ther 
Covenant  was  condiscended  unto  (at  the  Generall  Assemblyes  desyre)  by 
King  James.  He  sayes  againe,  that  they  had  rejected  his,  because,  for 
matters  of  relligione,  it  agreed  in  all  thinges  with  thers ;  by  which  Covenant 
of  thers  they  had  treacherously  induced  many  of  the  people  to  sweare  to  a 
bande  against  him  ;  which  bande  and  covenant  (or  rather  conspiracye)  could 
not  be  with  God,  being  against  him,  the  Lords  anoynted :  But  it  is  pretended 


200  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

to  be  with  God,  that,  with  the  better  countenance,  they  may  doe  the  works 
of  the  devill,  such  as  are  all  treasones  and  rebelliones. 

Fifth,  Lastly,  By  ther  hostile  preparationes  ;  which  can  be  supposed  to 
no  ende  if  not  to  invade  the  kyngdoine  of  Englande,  if  he  be  not  ready  to 
resist  them  ;  being  that  many  of  ther  heades  wer  men  of  unqwyett  spiritts 
and  brockne  fortunes,  who  will  labour  to  macke  them  better  on  other  mens 
estates,  under  a  clocke  of  relligione  :  That  he  hoped  the  Englishes  would 
not  share  ther  fortunes  with  such  desperat  hypocryttes,  who  sought  to  be 
better,  but  could  not  be  much  worse  :  Otherwayes,  he  asketh,  what  ther  in- 
tentions wer  for  to  arme,  since  he  sayes  that  he  had  assurd  them  that  he 
would  not  innovate  any  thing  :  That  he  had  graunted  ther  petitions  all  in  a 
manner,  yet  no  better  effects  had  his  grauntes  produced  but  ther  insolent 
daringe  to  dishonour  him  both  at  home  and  abroade.  All  which  (he  sayes) 
he  did  pass  by  till  they  wer  begunne  to  stricke  at  the  roote  of  princely 
governement,  assuming  the  princely  power :  First,  By  printing  what 
they  please,  though  he  forbidd,  and  to  prohibite  what  they  please,  though 
he  bidd ;  Second,  Had  dismissed  his  printer*  whom  he  established  :  Third, 
Had  conveend  the  subjects :  Fourth,  Raised  armes :  Fifth,  To  blocke 
upp  his  castells  :  Sixth,  Had  layd  impositiones  and  taxes  upon  the  peo- 
ple :  Seventh,  Threatned  such  with  force  and  violence  as  continowd  loyall 
to  him :  Eighth,  Had  slighted  the  directions  of  the  Councell  in  that 
kyngdome,  and  sett  upp  a  Table  of  ther  owne,  and  sitt  ther  under  the 
name  of  comittyes  from  ther  late  pretended  generall  Assemblye  ;  that 
they  did  meet  when  or  wher  they  pleased,  concluded  what  they  pleased, 
without  his  or  his  Commissioners  knowledge  ;  contrare  to  many  standing 
lawes  of  the  kyngdome  yet  in  force ;  wheras  they  did  pretende  the  violatione 
of  ther  lawes  as  the  cause  of  ther  brainsicke  distempers. 

Therfor  that  he  tooke  God  and  the  world  to  wittnesse,  that  he  was 
forced  for  to  arme  for  to  sett  his  aune  kingly  authority  a  foote  agane  in  that 
kyngdome,  as  also  for  to  preserve  Englande  against  the  rage  and  furye  of 
thes  men  and  ther  Covenant :  That  the  questione  was  not  now  about  the 
Service  Booke  nor  episcopacye,  but  whither  he  should  be  ther  king  or  not ; 
for  though  in  some  of  ther  lybells  they  give  him  good  wordes,  as  in  that  of 
February  fourth,  1639,  yet  that  some  of  them  did  refoose  the  oath  of  al- 
ledgance  and  supremacye,  and  did  publickly  mantaine  that  they  wer  not 

*  Robert  Younge,  who  had  printed  the  Service  Booke. 


Ch.  VIII.]  HISTORY  OF  SCOTS  AFFAIRS.  201 

now  obleidged  unto  it  to  tacke  that  oathe  :  which  was  a  tenent  contrary  to 
loyalltye,  and  the  doctrine  of  protestant  divynes,  concerning  the  supreme 
magistrate. 

That  others  of  ther  countrey  men  are  infected  with  this  venome  ;  three 
Scottish  men  being  presently  prisoners  in  Wales  for  refoosing  the  oath  of 
supremacye,  ther  reason  being  because  they  had  subscrybed  the  Covenant : 
That,  albeit  he  had  suffered  with  myldnesse,  yet  that  he  would  not  permitte 
episcopall  governeraent,  which  is  most  Christian  itself,  and  agreable  to 
Christiauitye  and  to  monarchical!  governement,  not  to  be  established :  That, 
withaU,  he  desyres  his  subjectes  ther  to  considder  what  will  become  of  the 
third  estate  in  parliament  if  episcopacye  be  abrogated :  That  by  establish- 
ing the  Service  Booke  ther  he  never  intended  innovatione,  but  uniformity 
of  worshippe  in  both  kyngdomes;  though  some  ill  mynded  men  had  wrested 
some  things  in  it  to  ane  ill  sence. 

That  ere  long  he  was  to  publish  a  Large  Declaratione  of  all  ther  actes  ; 
but,  that  people  should  not  be  praeposeste,  he  thought  fitt  for  to  publishe 
this  short  one,  for  to  obviate  ther  calumneyes  :  For  instance,  that  in  ther 
last  Declaratione  they  affirmed  that  he  had  putt  papistes  in  places  of  greatest 
truste  ;  which,  as  it  was  dishonorable  to  him  and  them,  so  it  was  false  in  it- 
selfe.  Secondly,  That  some  of  the  hierarchy  of  Englande  have  been  the 
cause  of  his  tacking  armes  to  invade  his  native  kyngdome  and  medling 
with  ther  relligione ;  wheras  it  is  certaine  that  whatever  they  have  done  it 
is  done  by  his  oune  princely  directione ;  and,  as  for  armes,  that  it  is  weall 
knowne  to  his  councell  that  thoise  have  perswaded  him  to  peace  and  mo- 
deratione. 

That  he  would  know,  whOst  they  saye  that  they  intended  no  acte  of 
hostility  against  Englande,  unlesse  they  shall  be  necessitated  in  their  aune 
defence,  he  would  faine  know,  Defence  of  what?  Is  it  of  disobedience?  De- 
fence against  whom?  Is  it  not  against  him  ther  trew  and  laufull  soveraigne? 
If  they  will  defende  against  him,  he  sayes  it  ought  to  bee  by  lawe  and  not 
by  armes ;  that  defence  he  shall  never  deney,  but  this  defence  he  will  never 
permitte,  though  his  lawes  are  not  by  them  regarded,  and  his  judges  so 
awed  that  they  dare  not  proceede  acording  to  lawe. 

That  he  desyres  his  good  subjectes  be  not  infected  by  them,  and,  withall, 
that  they  may  by  thoise  know  the  necessitye  he  has  to  arme ;  which  is  for  no 
other  ende  then  the  safety  and  securitye  of  Englande,  and  the  reestablish- 
ment  of  his  authority  in  Scottland,   and  the  suppressing  of  such  as  have 

3  c 


202 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


A.  D.  1639. 


Preparations 
of  the  Cove- 
nanters in 
their  own 
defence. 
Information 
for  Defensive 
Arms  to  be 
read  in  pulpits, 
circulated  in 
write,  but  not 
printed. 


missledd  his  subjectes  ther,  and  would,  if  not  prevented,  doe  the  lycke  in 
Englande ;  but  not  to  innovate  ther  relligione,  nor  infringe  ther  libertyes, 
which  are  acording  to  lawe. 

Therfor  he  willes  and  commandes  all  his  loving  subjectes  not  to  receave 
any  mor  of  ther  seditiouse  panphletts,  sent  from  Scottland  or  else  whair, 
concerninge  this  aifaire,  which  can  serve  for  no  use  but  to  draw  others  into 
rebellion ;  and,  withall,  that  such  as  had  receaved  them  should  send  them 
to  the  next  justice  of  peace,  from  them  to  be  transmitted  to  his  secretary, 
as  they  and  his  secretary  would  answer  the  contrare  at  ther  perill.  And, 
withall,  he  ordaines  that  his  Declaratione  and  proclamatione  may  be  readde 
in  all  the  parosh  churches  of  Englande  in  the  tyme  of  divyne  service,  that 
all,  evne  to  the  meanest  of  the  people,  might  see  the  notoriouse  carriadge 
of  thes  men,  as  also  the  justice  and  mercye  of  all  the  Kings  proceedings. 
Dated,  February  seventh,  fourteenth  year  of  his  reigne,  at  Whytehalle. 
God  save  the  Kinge.* 

This  is  the  summe  of  that  Declaratione  which  the  King  did  oppose  to  the 
Scottish  remonstraunce,  which,  in  the  ende  of  this,  hee  commandes  to  be 
suppressed.  But,  doe  what  he  could,  ther  Informationes  wer  divulged ;  and, 
saye  what  he  pleased,  the  most  pairt  believed  him  lesse  then  they  did  the 
Scottish,  who  had  many  favourers  in  England,  specially  amongst  the  com- 
mons and  presbyterian  pairtye,  or  all  that  wer  antiepiscopalle. 

IX.  Whilst  the  King  was  preparing  for  warre  (which  now  he  proclaimed 
by  his  Declaratione)  the  Covenanters  stoode  not  looking  on.  Therfor  ther 
heads  conveen  at  Edinburgh,  and  ther  doe  laye  dovrae  ther  conclusiones, 
presentlye  to  be  putt  in  executione,  for  ther  owne  securitye.  All  which  was 
praefacd  with  solemne  fastes,  kept  through  such  parosh  churches  as  they  had 
the  command  over,  praying  God  to  move  the  Kinges  heart  to  inclyne  to 
ther  humble  petitions,  etc.  And  because  the  King  would  give  no  anser 
unto  ther  letter  sent  from  the  Assembly,  interpreting  all  their  actiones  rebel- 
lione,  least  that  name  should  sturre  some,  therfor  they  publish  a  booke 
in  wrytte,  which  they  called  an  Informatione  for  Defencive  Armes.C)     The 


*  Printed  at  London,  by  Robert  Barker,  and  the  Assigncy  of  John  Bell,  anno  163f. 

(I)  [It  is  printed  in  Stevenson's  History  of  the  Church  of  Scotland,  vol.  ii.,  pp.  686 — 695. 
It  was  wTitten,  says  Baillie,  by  Mr.  Alexander  Henderson.  "  He  did  it  somewhat  against 
the  hair,  and  more  quickly  than  his  custom  is ;  so  that  it  was  not  so  satisfactory  as  his  other 
writs  :  for  this  cause,  though  read  out  of  many  pulpits,  yet  he  would  not  let  it  go  to  the 
press."  Letters,  vol.  i.  p.  152.  Bishop  Guthrie  says  the  paper  was  "  contrived  by  Bal- 
merino,  Hope,  and  Henderson."     Memoirs,  p.  51.  edit.  Glasg.  1747.] 


Ch.  X.]  HISTORY  OF  SCOTS  AFFAIRS.  203 

these  which  they  mantained*  therin  was,  That  they  had  just  reason  and  ne-  A.  D.  16 
cessity  for  to  defende  themselves  fi-om  the  armed  power  of  the  supreme  ma- 
gistrate ;  and  that  it  was  laufuU  to  the  greater  and  most  uncorrupt  pairt  of 
the  nobilitye,  with  the  collective  bodye  of  the  kyngdome,  for  to  mantaine  rel- 
ligione  established  by  publicise  lawes,  as  also  the  preveleidges  and  libertyes  of 
the  kyngdome,  by  force  of  armes,  against  a  King,  who,  living  without  the 
kyngdome,  and  seduced  by  the  evill  councell  of  the  enemyes  of  relligione, 
was  preparing  to  invade  the  natione  by  force  of  armes  ;  although  they,  being 
his  subjects,  wer  not  convinced  that  they  had  transgressed  any  divyne  or 
humane  lawe. 

The  argument  of  this  tractate  looked  so  suspitiouse  that  the  Covenanters 
founde  it  not  expedient  to  print  it ;  although  that  had  bene  to  as  good  pour- 
pose  as  to  scatter  the  wryttne  coppyes,  which  grew  so  publicke  that  presently 
they  wer  fallne  upon,  and  many  passages  qwarelld  with,  as  resembling  the 
Jesuiticall  doctrine  so  neer  that  they  wer  hardly  distinguishable.  Yet  the 
authors  of  that  booke  strove  for  to  distinguish  betuixt  ther  doctrine  and  the 
Jesuiticall  tenents,  by  giving  in  the  instances  of  such  practises  as  farr  upp 
as  the  dayes  of  the  apocryphall  King  Fergus ;  and  from  thes  historicall 
(and  some  fabolouse)  instances  of  rebellione  and  killing  of  Scottish  kinges 
(for  that  was  the  result  of  many  such  sturres,  if  ther  historyes  speacke 
truthe)  they  argued  a  facto  ad  jus,  or,  at  least,  custome  and  praescrip- 
tione  :  Yet  heerin  they  saide  no  mor  then  Junius  Brutus,  and  Buchanan,  in 
his  ridicolouse  tractate  De  jure  regni,  and  others  of  that  stampe  saide  be- 
for  them. 

X.  Ther  was  one  (I  suppose  Mr.  Johne  Corbitt  by  name),  a  minister,    Corbet s 
who  fell  upon  that  booke  pourposly,  and  printed  the  refutatione  therof  in  a    f"t*tioii. 
tractate  called  The  Ungirding  of  the  Scottish  Armourf ;  wherby  he  did  man- 
taine that  upon  no  accompt  it  was  laufull  for  subjectes  to   tacke  upp  armes 

•  See  Spang,  pa^.  316,  Historia  Motuum.  The  Tables  ordained  that  this  Liformatione 
tor  Defencive  Armes  should  be  readd  in  pulpitis  and  pressed  in  privat  conference  for  justi- 
fying tacking  up  armes  against  the  Kinge. 

f  The  ansuer  called  The  Ungirding  of  the  Scottish  Armour  is  wrj'ttne  by  Mr.  Johne 
Corbett,  minister  at  Bonyl,  in  Scottland,  which  was  of  old  one  of  the  coUedgiate  churches  of 
the  provestry  of  Dumbarton.  It  is  printed  at  Dublin,  anno  1639,  and  dedicated  to  the 
Earle  of  Strafford,  lord  deputye  of  Ireland.  The  author  was  deposed  by  the  presbytry  of 
Dumbarton,  Apryle  sixteenth,  1639,  and  forced  to  flye  to  Irelande.  The  causes  of  his  depo- 
sition wer.  First,  Subscrybing  the  bishopps  ther  Declinator.  Second,  Frequent  absence  and 
contumacye  from  the  presbytrye.  Third,  His  preaching  that  tacking  upp  armes  against 
the  Kinge  was  a  doctrine  of  unrighteousnesse.  Fourth,  His  not  subscrybing  the  Covcnante. 
Fifth,  A  seditiouse  letter  sent  to  the  moderator.     [See  above,  vol.  i.  p.  8.  note.'\ 


"^^ 


204 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


The  Cove- 
nanters levy 
men. 

Colonel  Ro- 
bert Munro. 
Marquis  of 
Argyle. 
Montrose  op- 
posed to 
Huntly. 
General  Sir 
Alexander 
Lesly. 

Clan  Cameron 
join  the  Cove- 
nanters, in  op- 
position to 
Huntly. 
Meeting  at 
Perth. 
Taxes. 


against  ther  laufull  princes :  Which  refutatione  the  Covenanters,  themselves 
profest,(')  disdaind  to  reply  too,  as  being  absurde  in  itself;  albeit  his  positione 
be  none  other  but  the  very  tenent  and  practise  of  primitive  Christians  ;  and, 
since  the  tyme  that  Mr.  Corbitt  worot  that  tractate,  the  these  is  agane  as- 
serted by  the  ablest  pennes  in  Europe  of  the  reformed  divynes. 

This  booke  of  the  Plea  for  Defensive  Armes  is  lyckwayes  oftne  tossed  by 
Lysimachus  Nicanor  in  his  Congratulatory  Epistle  to  the  Covenanters.  Al- 
though it  be  true  that  Corbitt  and  Lysimachus  be  aeqwally  hatefull  to  them, 
yet  Mr.  Robert  Bailly  thought  that  Lysimachus  deserved  ane  ansuer  ;  either 
because  it  was  a  bishop  (Lesly  of  Downe)  who  was  the  author,(2)  or  because 
Lysimachus  his  paralell  stucke  ane  odium  upon  the  Covenanters.  But 
such  as  with  indiiferencye  have  compared  Leslyes  learned  satyre  with  Mr. 
Baillys  reply  thertoo,  (which  reply  is  annexed  to  Laudensium  Autokata- 
crisisj  have  thought  that  Bailly  had  better  lettne  it  alone,  his  superficiall 
answer  being  little  better  then  a  rendring  upp  his  armes  to  his  enemye. 
But  mor  of  this,  God  willing,  in  its  owne  place. 

XL  The  Covenanters  for  mor  then  a  yeare  past  had  been  provyding 
armes.  They  fall  now  to  levy  men  and  to  provyde  for  opposing  the  King ;  to 
which  pourpose  they  listed  severall  regiments,  one  wherof  was  putt  under  the 
command  of  CoUonel  Robert  Munroe  (a  north  countrey  gentleman,  who  had 
been  bredd  upp  under  Gustavus  Adolphus,  the  martiaU  King  of  Sweden). 
His  order  was  with  his  regiment  for  to  lye  neer  the  border  of  Englande,  and 
to  have  ane  eye  to  any  who  from  Englande  upon  the  Kings  accompt  should 
offer  to  macke  any  incursione  or  cavalcad  upon  Scottlande  ;  as  also  to  waite 
upon  the  motiones  of  the  Earle  of  Nithsdale  and  his  associattes  who,  upon 
the  south  border  and  south  west  of  Scottland,  declared  for  the  Kinge.  This 
regiment  of  his  was  disposed  of  into  the  safest  and  fittest  qwarters  for  that 
ende. 

The  Marquesse  of  Argylle  undertooke  for  to  gwarde  the  westerne  coaste 
of  Scottland  and  the  Fu-th  of  Clyde,  and  to  keepe  ane  eye  over  the  motiones 
of  the  Earle  of  Strafford,  lord  deputy  of  Ireland,  as  also  upon  the  Clan 
Doneel,  or  any  other  Highlanders  who  should  offer  to  joyne  with  the  de- 
puty. And  to  this  pourpose  he  caused  levy  ane  regiment  of  his  owne  High- 
landers of  Ardgylle  and  Lome,  to  whom  other  neighbour  Covenanters  wer 


(1)  [Historia  Motuum,  p.  317  ;  Baillie's  Letters,  vol.  i.  p.  153.] 

(2)  [See  above,  vol.  i.  p.  8,  iwte;  vol.  ii.  p.  «1,  note.] 


Ch.  XL]  HISTORY  OF  SCOTS  AFFAIRS. 


205 


to  joyne  as  they  saw  cause  or  necessitye,  in  case  the  configuratione  of  Straf- 
ford, the  Earl  of  Antrim,  and  Mackdonel,  should  threatne  them  with  danger 
upon  that  hande.  Argylles  pairty  are  saide  to  have  been  about  one  thou- 
sand in  all. 

And  because  Hamiltons  castell,  in  the  isle  of  Arran  (which  isle  is  scitu- 
ated  in  the  entrye  of  the  Firth  of  Clyd  and  does  belonge  heritablye  to  the 
familye  of  Hamiltoune,)  was  founde  commodiouse  for  to  gwarde  that  firthe 
from  the  launding  of  forces  from  Irelande,  therfor  Argylle  causes  surpryse 
that  castell  without  bloode  (for  it  was  but  slenderly  gwarded),  and  therin 
planteth  a  garrisone. 

The  Earle  of  Montrose  was  ordered  for  to  waite  upon  Huntly,  in  caise 
he  should  offer  to  goe  to  ane  heade  ;  and  some  regiments  of  foote  and  troopes 
of  horse,  consisting  cheifly  of  volunteer  gentlemen  of  the  shyres  be  north  the 
Firth  of  Forthe,  wer  pittt  under  his  comraande ;  all  thes  of  ther  verye  best 
men,  who,  upon  occasione,  wer  to  joyne  with  the  northerne  Covenanters, 
the  Forbesses,  Frazers,  Creightons,  and  such  of  Murrey  as  wer  of  that 
pairtye.  And  to  Montrose  was  conjoined,  as  ane  adjutante.  Sir  Alexander 
Lesly  (afterwards  so  weall  knowne  for  being  generall  of  the  Scottish  expedi- 
tiones).  Although  the  comissione  of  generall  was  at  that  tyme  givne  to 
Montrose,  yet  all  thinges  wer  to  be  done  by  General  Leslyes  directione  and 
advyce.  Ther  partye  was  givne  out  to  be  three  thousande,  though  after- 
warde  they  appeared  not  to  be  so  manye. 

Montrose  had  order  for  to  fall  upon  Huntly  befor  he  should  joyne  with 
forces  which  wer  proniisd  to  be  sent  to  him  from  Englande,  which  Huntlye 
was  expectinge  day  by  day  ;  as  also  that  they  should  sleight  all  the  trenches 
that  Huntly  and  the  cittizens  of  Aberdeen  had  made  at  Aberdeen  for  to 
gwarde  the  towne  from  inrodes;  and  to  disarme  the  towne.  Finally,  they  had 
warrant  for  to  lye  so  closse  to  him  as  that  he  should  be  disenabled  for  to 
oppresse  anye  of  the  Covenanters  his  neighbours. 

All  these  thinges  wer  concluded  about  this  tyme,  at  a  great  meeting  of 
the  Covenanters  in  Sainct  Johnstone ;  to  which  meeting,  lyckewayes, 
Argylle  did  invite  and  bringe  some  of  the  cheife  of  the  Clan  Camerone  ; 
specially  Donald  Cameron  (seconde  sonne  to  Allan  Cameron  Mack  na 
Toiche(O),  knowne  commonlye  under  the  name  of  Donald  Guirke,  for  having 

(1)  [  Allan  Cameron  of  Lochiel,  chief  of  the  Clan  Cameron,  grandfather  of  the  famous 
Sir  Ewen  Dubh  Cameron  of  Lochiel,  and  great-great-grandfather  of  the  gallant  Donald 


206  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

in  his  younger  yeares  (as  the  fame  goes)  stabbed  a  countrey  neighbour 
upon  some  small  disobleidgement ;  for  the  which  barbarouse  acte  he  is  said 
to  have  been  highly  commended  by  his  father  Allan,  as  ane  hopefull  youth ; 
Allan  himself  being  too  weall  knowne  for  to  have  drivne  that  traide  of  throate 
cuttinge  amongst  his  neighbours  in  Lochaber,  and  a  knowne  sorcerer (') 
and  avowed. 

That  which  engadged  the  Clan  Cameron  to  Ardgylle  was  not  anye  anti- 
pathy that  they  had  to  bishopps  or  Service  Booke,  etc.,  mor  then  ther 
neighbours,  the  Ardgylle  men ;  being  that  most  of  the  people  in  thes  places 
are  barbarouse,  or,  if  they  inclyne  to  any  professione,  it  is  mostly  to  pop- 
erye  :  But  the  Clan  Cameron  joyned  with  the  Covenanters  in  oppositione  to 
Huntlyes  familye,  to  whom  most  of  them  are  vassalls  in  Lochaber,  and  had 
been  severall  tymes  befor  crubbed  by  the  Earles  of  Huntly  by  force  of  armes  •,'-''> 
which  made  them  now  glade  for  to  laye  holde  upon  any  occasione  of  re- 
venge. Besyde  this,  Ardgylle  had  ane  eye  to  thes  places,  either  to  weackne 
Huntly,  as  seing  much  of  his  greattnesse  did  consiste  in  his  Highland  fol- 
lowinge  ;  or,  if  he  could  get  a  pretest,  for  to  gripp  to  Huntlyes  Highland 
laundes  himself,  as  afterward  he  did.  But  all  such  at  that  tyme  wer  welcome 
to  the  Covenant ;  albeit,  afterward,  about  the  tyme  of  Charles  II.  his 
incoming,  anno  1650,  they  chaunged  ther  principalis,  and  Argylle  was 
acessory  to  the  purging  out  as  knowinge  and  civUl  men  out  of  the  Kings 
army,  as  either  the  Argylle  men  or  the  Lochaber  men  wer.  Yet,  lett  it  be 
remembered,  that  a  pairt  of  the  Clan  Cameron,  at  this  tyme  and  long  after- 
ward, owned  the  Kings  qwarrell ;  for  most  of  the  Highlanders  are  inclyned, 

Cameron  of  Lochiel,  so  celebrated  in  the  history  of  the  rising  of  1743.  He  died  about 
the  year  1630.  Lord  Hailes  has  preserved  a  characteristic  letter,  written  by  him  in  1643, 
to  Sir  James  Grant  of  Freuchie  :  "  I  have  received  your  honour's  letter  concerning  this 
misfortunate  accident  that  never  fell  out,  betwixt  our  houses,  the  like  before,  in  no  man's 
days ;  but,  praised  be  God,  I  am  innocent  of  the  same  and  my  friends,  both  in  respect  that 
they  gi't  [went]  not  within  your  honour's  bounds,  but  [only]  to  Mttrray-land,  where  all  men 
take  their  prey ;  nor  knew  not  that  Moynes  was  a  Grant,  but  thought  that  he  was  a 
Murray-man."     Memorials  of  the  Reign  of  Charles  I.  p.  156.] 

(1)  [Patrick  Gordon,  in  his  Short  Abridgement  of  Britanes  Distemper  from  the  years  of 
God  1639  to  1649,  MS.  alludes  to  the  chief  of  the  Clan  Cameron  as  a  reputed  seer.  "  Allan 
M'CoUduie  [MacConnel  Duy,  or  MacDonald  Dubh,  the  peculiar  patronymic  of  Cameron  of 
Lochiel,]  ane  old  fox,  and  who  was  thought  to  be  a  seer,  had  told  that  there  should  be  a 
battell  lost  there  [Inverlochy]  by  them  that  came  first  to  seike  battell."] 

(2)  [ParticuU\rly  in  1544,  in  1614,  and  in  1626.  See  Sir  Robert  Gordon's  Hist,  of 
Earld.  of  Sutherland,  pp.  109,  294,  337.] 


Ca.  XII.]  HISTORY  OF  SCOTS  AFFAIRS.  207 

being'  left  to  themselves,  to  be  Royallistes ;  happy  at  least,  though  they  have    A.  D.  Ifi39. 
little  learning,  that  they  have  not  learnd  to  distinguish   themselves  out  of 
ther  loyalty e,  by  notions  unknowne  till  the  latter  ages. 

Lyckewayes,  such  as  laye  amongst  the  Covenanters  in  thes  provinces  of 
Scottland,  which  stoode  for  the  Covenant ;  such,  I  say,  as  wer  for  the  Kinge, 
whom  they  could  be  masters  of,  they  dissarmed  with  as  little  tumult  as  they 
could,  doing  them  no  furder  harme  ;  although  some  preveened  them,  and  be- 
tymes  reteered  with  their  horses  and  armes  :  Others  lyckwayes  fledd,  after 
ther  armes  wer  seised  upon. 

The  taxtes  for  mantenance  of  ther  armyes  wer,  at  this  tyme  and  after- 
ward for  a  whyle,  imposed  upon  themselves  and  ther  associatts,  by  mu- 
twall  consent.  The  Tables  wer  they  who  did  determine  the  sununa  totalis, 
as  also  did  divyde  it  by  ane  aeqwall  proportione. 

Ther  wer  not  a  few  whom  they  drew  into  the  streame,  and  compelled,  by 
reasone  of  their  neighbourhood,  for  to  contribute  and  tacke  upp  armes,  and 
goe  along  with  them,  glade  to  give  them  outward  obedience,  for  to  shunne 
ther  feare  and  hazard  of  present  hurt ;  of  whom  not  a  few,  afterwards  when 
they  saw  pairty  to  joyne  too,  proved  more  active  against  the  Covenanters 
then  ever  they  had  been  for  them. 

Finally,  ther  was  no  diligence  left  unused,  no  meanes  unassayed,  wherby 
such  as  might  prove  usefuU  to  ther  partye,  might  either  by  allurments  be 
drawne  over  to  ther  syde,  or,  by  terrors  and  the  discommodityc  laide  out, 
laide  off  from  owning  the  Kinges  interest,  or  standing  at  least  neutralls  till 
such  tyme  as  they,  being  masters,  beganne  in  ende  to  commande  suche 
whom,  at  first,  they  made  ther  addresses  too  by  way  of  requeste. 

XII.  Ther  nest  care  was  for  to  fortifie  such  places  upon  the  two  sydes  of  Covenanters 
the  Firth  of  Forthe  as  lay  most  opne  to  the  algarads  of  sea  forces,  if  any  pl^ '  ^  P'"''P'"" 
should  enter  the  firthe.     To  this  pourpose  some  slender  workes  wer  raised    Leith. 

at  Kinghorue  and  Bruntislande,  and  such  canon  as  they  could  gett,  mostly  •^ojo""' Alex- 

'^  _  _  J  a      ^  J  ander  Hamil- 

course  iron  peeces,  tackne  off  of  shippes,  planted  upon  them.  ton  their 

And  because  it  concerned  them  much  for  to  secure  Edinburghe,  therfor  ™'''?';^'"  o* 

artillerv. 

with  all  expeditione  they  fall  to  fortifie  the  port  towne  of  Leith  (which  is  Dalkeith, 

about  a  myle  distant  from  Edinburgh)  with  strong  fortifications,  acording  to  Rep'*'"*- 

the  moderne  fashione.     Leith  had  been  fortifyd  befor,  in  the  tyme  of  Qween  castle  sefzed . 

Mary  of  Scottland,  by  the  Frenches  ;  and  had  stoode  out  a  seidge,  and  the  also  Dumbar- 
assault  both  of  the  Lord  Grey,   sent  thither  by  Queen  Elisabeth  with  con- 


208  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

siderable  forces,  and  of  the  lordes  of  the  congregatione,  till  it  was  rendred 
by  La  Brosse,  anno  1560.  The  workes  which  the  Frenches  raised  wer  not 
so  fan-  demolished  but  that  the  printes  of  them  wer  to  be  discerned  after- 
wardes ;  yet  did  not  Collonel  Alexander  Hamiltone,  ingeneer  to  the  Co- 
venanters, and  maister  of  ther  arteillerye,  thinke  meete  to  follow  the  French 
lynes,  but  did  worke  upon  a  new  plane,  which  the  levell  scituatione  of 
Leethe  gave  licence  to  vary,  acording  to  artists  inventione. 

The  first  basketts  full  of  earthe  wer  carryd  by  the  noblemen,  the  cheife 
leaders  of  the  Covenante  ;  whoise  example  was  followd  with  great  alacritye 
by  people  of  all  rankes,  specially  the  cittizens  of  Edinburghe,  men,  women, 
and  childeren ;  who  travelled  at  that  worke  so  laboriously  that  in  short  space 
it  was  brought  to  great  perfectione,  though  it  consisted  of  a  considerable 
number  of  great  bastions,  reared  upp  a  la  moderne. 

I  have  hearde  it  affirmed,  at  that  tyme,  that  the  Covenanters  wer 
once  resolved  for  to  have  marrd  and  rendred  uselesse  the  haven  of  Mon- 
trosse,  by  sinking  some  vessels  full  of  stones  in  it.  If  it  wer  true  or  not,  I 
cannot  determine,  since  it  was  not  done  at  all,  but  the  barbery  left  as 
befor. 

The  castell  of  Dalkeith,  which  lyes  within  a  six  myles  of  Edinburghe, 
was  at  this  tyme  standing  without  any  gwarde,  as  being  to  no  pourpose 
to  have  garrisone  ther,  and  the  place  being  rather  for  pleasure  then 
strenthe.  In  it  ther  wer  some  qwantitye  of  ammunitione,  lying  since  the 
last  yeare  :  it  was  carryd  asyde  thither,  because  the  Covenanters  would  not 
permitt  it  to  be  carryd  in  to  the  castell  of  Edinburghe,  yet  had  ane  eye  still 
to  the  ammunitione,  which  was  left  ther  as  a  prey  to  them.  They  thought  it 
therfor  high  tyme  now  to  macke  use  of  that  which  was  laid  up  ther  furth- 
coming for  ther  use ;  and  to  that  pourpose  enter  the  pallace  of  Dalkeithe  by 
a  acalladoe,  not  one  being  to  resiste,  and  seise  upon  all  the  armes  that  wer 
founde  ther,  and  transport  them  thence.'" 

In  searching  that  pallace,  they  alighted  upon  a  trunke,  which  they  made 
opne  ;  wher  they  founde  (as  some  thought  not  by  chaunce)  the  crowne  and 
scepter  and  sworde  of  the  kyngdome  of  Scottlande,  the  ensignes  of  ma- 
jestye  ;  all  which  they  caused  transport  into  the  castell  of  Edinburgh,   (it 

(1)  ["  The  Earl  of  Traqnair's  Relation  of  the  Surrender  oi  Dalkeith  to  the  Covenanters, 
delivered  to  His  IMajesty  at  York,  in  April,  1639,"  will  be  found  in  Nalson's  Impartial 
Collection,  vol.  i.  pp.212 — 214.] 


Ch.  XII.]  HISTORY  OF  SCOTS  AFFAIRS.  209 

being  tackne  at  this  tyme,  as  yow  shall  heare),  with  great  solemnitye,  con- 
veying all*  with  no  meaner  attendants  then  the  cheife  noblemen  Cove- 
nanters :  That  castell  being  the  place  appoynted,  as  they  affirmed,  for  keep- 
ing thes  badges  of  royaltye. 

Edinburgh  castell  I  should  have  spocke  first  off,  for  it  was  seized  upon 
befor  the  castell  of  Dalkeithe  ;  the  day  of  its  seizure  Marche  nine- 
teenthO,  or  very  neer  it.  It  cost  Uttle  powdei-,  and  no  bloode.  Blocked  upp 
it  had  been  a  long  tyme  befor,  as  has  been  tould.  When  the  daye  came 
that  it  must  be  thers,  generall  Lesly  caused  the  muster  maisters  of  Edin- 
burgh call  out  some  choice  companyes  that  morning,  who  wer  drawn  upp 
into  the  outwarde  court  yard  of  the  abbey  of  Haliroode  house,  (for  it  is  to 
be  remembered  that  all  this  spring,  not  only  in  and  about  Edinburgh,  but 
through  the  whole  countrey,  ther  wer  daylye  musters ;  and  young  souldiours, 
who  lately  had  been  accustomd  with  the  pleuch,  wer  now  calld  out,  and 
taught  everye  wher  to  handle  ther  armes,  with  no  little  noyse  and  qwarter 
keepinge.)  Thes  companys  armed,  wer  ledd  along  the  high  street,  and 
drawne  upp  in  covert  of  the  neerest  buildings  to  the  castell,  a  companye  or 
two  drawne  closse  to  the  outwarde  gate,  (which  opned  then  in  the  south  syde 
of  a  sumptouse  outworke  of  ashler  worke,  called  the  Spurre,  although  it 
wer  both  troublesome  and  uselesse  to  the  castell,  and  therfor  demolishd  some 
yeares  afterwardes,  when  the  English  gott  it  into  ther  possessione).  Upon 
the  gate  they  did  hang  a  pittard,  and  therwith  blew  upp  the  outwarde  gate 
of  the  castell,  without  any  resistance  of  the  captane  of  the  castelle,  a  gentle- 
man called  [Archibald]  Haddin ;  who,  as  he  resolved  not  to  render  that  which 
he  kept  but  by  ther  permissione  all  the  whyle,  so  he  was  but  in  ane  ill  con- 
ditione,  as  not  able  to  mantane  it,  for  want  of  all  necessaires,  longer  then 
the  Covenanters  wer  pleased  to  permitte  him  so  to  doe.  He  and  his  few 
souldiours  stoode  looking  on  amongst  the  canon,  upon  the  high  batterye, 
whilste  Lesly  commanded  to  pettarde  the  gate.  The  gentleman  and  soul- 
diours they  dissmist,  without  harme  done  to  them.  It  is  affirmed  that  the 
gentleman  keeper  shedde  teares  when  they  entred  the  castell,  either  for 

*  Leading  the  crowne  and  scepter  captive,  withe  a  triumphant  processione,  saies  a  late 
wrytter. 

(1)  [On  the  twenty-first  of  March,  according  to  Bishop  Guthrie  and  Sir  James  Balfour. 
Guthrie  says  Dalkeith  was  taken  on  the  twenty-third,  Balfour,  on  the  twenty-second  of  March. 
Bishop  Burnet  gives  the  twenty-third oi  March  as  the  date  of  the  capture  of  Edinburgh  castle. 
The  MS.  Diary  of  Sir  Thomas  Hope  states  tliat  Edinburgh  was  taken  on  the  twenty-first, 
Dalkeith  on  the  twenty-third  of  March.     Napier's  Life  and  Times  of  Montrose,  p.- 91.] 

•2  D 


210  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  greefe  of  the  efFront,  or  that  he  fownde  himself  in  no  better  capacitye  to 
doe  the  King,  his  maister,  service.(')  It  may  be  disputed  whether  his  bygone 
confynment  within  the  castell,  or  this  way  of  releasment,  was  most  trouble- 
some to  him,  if  he  was  reall  in  his  trust.*  Howsoone  they  wer  maisters  of 
it,  they  tooke  care  to  repaire  the  breach  of  the  gate,  and  to  furnish  it  with 
men  and  ammunitione  necessarye. 

The  lycke  fortune  did  the  castle  of  Dunbritton  runne  with   Edinburgh ; 
for  by  famineC'^)  they  made  themselves  maisters  of  that  otherwayes  impreg- 
nable strenthe,  if  ther  be  any  such  in  Brittaine. 
Marquis  of  XIII.  The  castell  of  Edinburgh  was  surprysed  that  same  very  day  that 

Huntly  s        ^j^g  Marquesse  of  Huntlye  kept  his  second  rendevouze,  at  Innerowrve;'^)  for 

rendevous  ^  t-i-i-itiii 

at  Turrett'.      he  had  kept  one  befor,  at  Turrefi,**^  of  which  I  have  delayd  to  give  ane  ac- 

(1)  [Burnet  imputes  Ijlame  to  the  garrison-  "  It  is  true,  much  resistance  could  not  be 
made  :  but  that  could  not  wipe  off  their  stain,  who  yielded  that  impregnable  and  important 
Place  so  faintly.  The  occasion  of  their  negligence  was,  that  a  Gentlewoman  of  good 
Quality  was  sent  in  under  pretence  of  visiting  the  Captain  of  the  Castle,  to  keep  him  in 
discourse :  she  dined  with  him,  and  engaged  him  to  play  at  Cards,  so  that  they  were  about 
his  ears,  before  he  was  apprehensive  of  danger."     Memoires  of  the  Hamiltons,  p.  117.] 

•  Insere  loco  opportuno.  Mariij  SO,  1639  yeares,  Ther  was  a  petition  givne  into  the 
lords  of  the  session,  for  some  remeade  for  the  absence  of  the  signett.  The  lords  ordaned  that 
all  wryttes  which  should  have  past  by  the  signet  should  be  presented  to  one  George  Had- 
din,  a  wrytter,  and  the  ordinary  pryce  dwe  to  the  signet  consigned  in  his  handes,  and  to  be 
made  forthe  coming  to  the  lord  secretarye,  and  his  keepers.  Wherupon  the  said  George 
Haddin  should  marke  the  date  of  the  saide  offer,  besyde  the  waxe,  at  the  place  customablye 
bering  the  date  of  the  signett,  and  wrytte  therupon  thes  wordes,  "  marked  by  me,  acording 
to  acte  and  warrant  of  the  lords  of  sessione,  and  ordained  to  be  ane  warrant  for  execution 
heerof,  or  passing  through  the  scales,  albeit  it  be  not  signetted"  ;  which  wordes  he  was  to 
subscrybe  witlie  his  signe  and  subscriptione  mannwall.  [See  Spalding,  Hist,  of  Troub., 
vol.  i.,  p.  84.] 

(2)  [The  castle  of  Dunbarton  was  taken  not  hy  famine,  as  our  author  supposes,  but  by 
stratagem.  "  Dumbrettoun  the  king's  house  was  taken  in  be  the  covenanters  by  ane  prettie 
slight,  which  was  thus  ;  the  captain  thereof  called  Stewart,  a  religious  gentleman,  trew  to 
the  king,  happened  upon  ane  Sunday  to  goe  hear  devotion  at  ane  church  without  the  cas- 
tell, fearing  no  evill  nor  danger ;  but  he  is  suddenly  taken  by  the  covenanters,  who  was  laid 
for  him ;  he  is  compelled  to  cast  otf  his  cloathes,  which  were  shortly  putt  upon  ane  other 
gentleman  of  his  shape  and  quantitie,  and  he  pat  on  his  cloathes  u])on  him  againe.  Thus, 
apparrell  interchanged,  they  commanded  this  captain,  under  paine  of  death,  to  tell  the  watch 
word,  which,  for  fear  of  his  life,  he  truely  told.  Then  they  goe  on  the  night  quietly,  on- 
sein  be  the  castileans,  and  had  this  counterfeit  captain  with  them,  who  cryed  and  called  by 
the  watch  word ;  which  being  heard,  yeitts  are  cassen  open,  in  goes  the  covenanters  with 
greater  power  nor  was  within  to  defend  it,  and  takes  in  this  strong  strength,  and  mans  and 
fortifies  the  samen  to  their  mind."  Hist,  of  Troub.,  vol.  i.,  pp.  110,  111.  Compare  Bail- 
lie's  Letters,  vol.  i.,  p.  158 ;  Sir  James  Balfour's  Annales,  vol.  ii.,  pp.  S-2-2,  323.] 

(3)  [On  the  twenty-fifth  of  March,  according  to  Spalding,  vol.  i.,  p.  101.] 

(4)  [On  the  fourteenth  of  February.] 


Ch.  XIII.] 


HISTORY  OF  SCOTS  AFFAIRS. 


211 


compt  till  now,  least  I  should  mixe  the  actiones  of  severall  places.  The 
occasione  of  that  rendevouze  was  an  advertishment  that  Huntly  had  by  Sir 
George  Ogilvye  of  Banfe,  knycht  (afterwards  lord),  at  that  tyme  one  who 
profest  to  doe  much  for  the  Kinge.  His  intelligence  bore  that  ther  was  a 
great  meeting  to  be  (at  Turreff,  a  raerkatt  towne,  about  eleven  or  twelve 
myle  eastward  from  Strabogye,  Huntlyes  castell,  but  only  a  myle  distant 
from  Forglen,  wher  Sir  George  Ogilvye  then  remainede)  of  the  northerne 
Covenanters,  Forbeses,  Frazers,  Keithes,  Creightones,  and  ther  vassalls, 
about  some  seriouse  consultatione,  which  questionlesse  tended  to  the  oppos- 
ing of  ther  formidable  neighbour,  the  Marquess  of  Huntlye.  It  was  Sir 
George  Ogilvyes  opinion  that  if  Huntly  would  but  keepe  rendevouze  at 
Turret?  that  daye,  that  either  the  other  partye  would  not  appeare,  or,  if  they 
did,  that  for  plane  feare  they  would  acte  nothing,  but  evanishe,  without  any 
conclusione  tackne.  Huntly  readily  foUowd  that  advyce,  which  was  dis- 
pleasing to  many  of  his  freendes,  who  thought  they  had  reasone  to  be 
jealouse  of  the  Lord  Banfe,  as  one  that  bore  not  so  much  inwarde  good 
wille  to  Huntlys  familye  as  he  outwardly  profest :  And  ther  constructione  of 
it  [was],  that  Banfe  drew  on  that  rendevouze,  either  for  to  engadge  Huntly 
actwally  against  the  Covenanters,  caring  little  how  it  shoulde  ende ;  or  if  the 
service  prospered,  that  himself  might  gett  the  thankes  from  the  King,  as 
being  very  instrumental!  (if  not  the  only  projector)  to  sette  the  Kings  partye 
for  to  acte.  And  beer  I  shall  not  trouble  my  reader  with  the  narratione  of 
thes  goldne  hopes,  and  castells  built  in  the  aire,  and  expectationes  of  for- 
faltryes,  that  severall  of  thoise  who  profest  themselves  for  the  Kinge  did 
laye  ther  compt  upon  for  a  whyle  after  this  tyme  ;  some  of  them,  who  had 
mor  courage  then  solide  wisdome,  this  yeare  proceeding  to  that  height  of 
folly  as  to  qwareU  with  other  about  the  Covenanters  laundes,  publickly,  in 
ther  cuppes. 

But  Huntlyes  intentiones  for  a  rendevouze  at  Turreff,  which  he  appoynt- 
ed  to  bee  upon  that  same  verye  daye  with  that  of  the  northerne  Covenanters, 
could  farr  lesse  be  conceald  from  them  then  thers  from  him ;  for  the  many 
publicke  dispatches  that  he  sent  for  that  pourpose  to  all  qwarters  (wrytting 
to  his  freends  to  come  thither  without  extraordinar  armes,  and  ther  follow- 
ers), gave  his  neighbours  the  Covenanters  the  alarum,  who  as  quickly  did 
certifie  Montrosse  therof,  who  was  ready  upon  a  call.  And,  being  desyrouse 
to  shew  himself  as  active  in  his  charge  (as  he  had  been  remarkable  for  coun- 
tenancing protestationes,  and  the  Generall  Assembly  of  Glasgow,  and  pull- 


A.  D.  I(i39. 

James  Ogil- 
vie,  Ear!  of 
Findlater. 
The  Earl 
Marischal 
declares  for 
the  Cove- 
nanters. 


212  HISTORY  OF  SCOTS  AFFAIRS.  [B.   IV. 

ing  downe  the  organs  of  the  chappell  royall  of  HoHe  Rood  house,  the 
Kings  pallace,  the  summer  and  winter  past,)  with  such  of  the  cavalrye  of 
the  Mearnes  and  Angusse  gentrie  as  war  neerest,  or  readyest,  or  most 
zealouse  to  the  service,  he  flyes  over  the  Grangbean  hills  with  all  speed 
possible,  scarce  ever  sleeping  or  resting  till  he  gott  to  Turreffe,  accom- 
panyd  with  the  number  of  neer  two  hundereth  gallant  gentlemen  ;  having 
first  not  neglected  to  bidde  the  Forbesses,  and  Frazers,  and  all  suche  as  the 
shortnesse  of  the  tyme  could  permitte  then  to  conveene,  for  to  be  ther 
tymously,  upon  the  daye  appoynted,  which  they  failed  not  to  doe.  And, 
befor  any  considerable  number  of  Huntlyes  people  appeared,  they  wer  come 
to  Tureffe;  and  it  being  an  opne  markett  towne,  they  planted  the  church 
yard  of  Turreff  with  musketeers  and  harquebuziers,  wher  it  was  supposed 
that  Huntly  would  meet  with  his  friendes,  if  they  wer  to  have  any  consulta- 
tione  that  daye.  The  place  for  its  scitwatione  was  advantagiouse  for  the 
defenders,  being  high  grounde  and  uneasye  to  bee  approached  except  on 
the  east  syde,  neerest  the  street  of  the  towne,  wher  the  entrye  to  the  church 
yard  is. 

Huntlye  and  his  freendes  and  followers  beganne  to  appeare  and  con- 
veen  apace  (after  the  Covenanters  wer  possest  with  Turreff,)  from  severall 
quarters.  Severall  companyes  of  them  entring  Turritf  and  fynding  the  Co- 
venanters ther,  scarcely  knew  at  first  wher  to  seeke  Huntlye.  However, 
they  saw  that  it  was  not  convenient  for  them  to  tacke  upp  ther  stande  in 
a  place  alreadye  filled  with  others  ;  therfor,  such  as  entred  the  village,  with- 
out any  aboade  ther,  roade  fordwards  and  drew  out  to  the  feelds  southwarde 
therof,  at  some  distance  over  against  it ;  and  all  this  without  any  violence 
offered  to  any  of  Huntlyes  followers,  either  in  worde  or  deede,  by  such  of 
the  Covenanters  who  wer  come  to  Turreffe  that  day  to  be  defencive  and  to 
stande  ther  grownde  onlye,  fynding  it  befor  tyme  to  ingadge,  and,  though 
it  had  been  tyme,  very  doubtfull  of  the  event,  as  not  knowing  Huntly  his 
strenthe  nor  numbers. 

How  soone  Huntly  himselfe  came  neer  the  place,  he  had  advertishment 
that  it  was  poseste  and  tackne  upp  by  Montrose  and  his  followers.  Therfor, 
dissembling  his  dissatisfactione,  he  rode  another  waye  towards  the  plane, 
whither  the  rest  of  his  company  wer  begunne  to  move,  as  supposing  it  would 
be  the  most  convenient  place  for  them  to  halt  upon  till  they  knew  Huntlye 
his  intentiones.  The  place  is  knowne  by  the  name  of  the  Broadefoord  of 
Towy,  not  so  neer  Turreff  as  a  myle  Scottishe :   Thither  in  ende  came  all 


Ch.   XIII..]  HISTORY  OF  SCOTS  AFFAIRS.  213 

whom  he  had  sent  for;  who,  for  gentlemen  and  yeomans,  made  upp  twenty    A.  D.  1639. 
and  fyve  hundereth  all  on  horse  backe,   though  not  all  the  horses  nor  the 
men  for  service  upon  horse. 

Severall  who  wer  present  urged  Huntly  to  fall  on  and  dryve  awaye  the 
Covenanters ;  which,  they  saide,  as  he  might  be  ansuerable  to  doe,  being  the 
Kings  lievtenant  for  the  northe,  so  he  had  power  to  doe  it;  that  it  was 
good  to  resiste  the  beginings ;  that  if  he  dismissed  so  manye  gallant  men 
without  acting  any  thing,  who  wer  come  resolute  to  serve  the  Kinge  that 
day,  they  would  be  discouraged,  and  not  so  readily  conveene,  at  another 
tyme,  upon  his  next  call ;  that  it  would  encourage  the  other  partye  to  bearde 
him,  and  contemne  him,  upon  all  occasions  :  besyde,  they  shewd  him  that  it 
was  ane  ati'ront  to  him  to  be  kept  out  of  Turreif.  Thoise  who  thus  argwed 
wer  some  of  the  hottest  headed,  but  not  of  the  wysest. 

To  all  ther  argwings,  Huntly  ansuered.  That  he  had  no  warrant  from  the 
King  to  engadge  in  bloode  with  the  Covenanters  ;  but,  upon  the  contrare, 
to  lett  them  first  show  themselves. (')  This  he  cleared  to  some  of  the  princi- 
pal! noblemen  and  gentlemen  who  wer  present,  tacking  them  asyde  and  lett- 
ing them  see  some  of  the  Kings  expresses,  wrytte  to  him,  'to  that  pour- 
pose  :  For  the  rest,  he  thanked  them  for  ther  ready  conveening,  and  ex- 
horted them  to  continow  in  ther  begunne  loyaltye. 

Amongst  other  men  of  qwalitye  who  did  keep  rendevouze  with  Huntly, 
ther  came  thither,  with  the  best  of  his  followers,  James  Ogilvye,  Earle  of 
Findlater(2)  (who  shortly  afterward  fell  in  to  the  Covenant).  His  waye  com- 
raing  through  Turreff,  he  tooke  occasione  to  have  some  commoning  with 
Montrose  and  his  pau'tye ;  and  being  a  man  of  a  peaceable  temper,  and  one 
who  was  knowue  to  have  no  stomacke  for  warre,  he  tooke  occasione  to 
mediate  peace  betwixt  Huntly  and  Montrose,  upon  his  owne  feare  and  sus- 
pitione,  or  uncertainty  of  the  event,  or  the  designes  of  either  pairtye.  The 
ansuer  and  comissione  sent  from  Montrose  to  Huntlye  was.  That  they  in- 
tended not  to  molest  any,  and  would  be  as  loath  to  sitt  downe  under  any 

(1)  [This  is  corroborated  by  Burnet.  "  A  Commission  for  the  Lieutenantry  of  tlie  North  of 
Scotland  was  sent  to  the  Marquis  of  Huntley;  but  he  was  ordered  to  keep  it  up  as  long  as  was 
possible,  and  carefully  to  observe  two  things.  One  was,  not  to  be  the  first  Agressor,  except 
he  were  highly  provoked,  or  His  Majesties  Authority  signally  aftronted ;  the  other  was,  that  he 
should  keep  off  with  long  Weapons,  till  His  Majesty  were  on  the  Borders ;  lest  if  he  should 
begin  sooner,  the  Covenanters  might  overwhelm  him  with  their  whole  Force,  and  either 
ruine  him,  or  force  him  to  lay  down  his  arms."     Memoires  of  the  Hamiltons,  p.  113.] 

(2)  [James,  second  Lord  Ogdvy  of  Deskford,  created  Earl  of  Findlater  in  163y.] 


214  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

injurye  if  they  could  shuiine  it ;  tliat  if  the  Marquesse  of  Huntlye  had  any 
bussinesse  with  his  freendes  he  might  tacke  him  to  any  other  pairt  of  the 
toune  of  Turreffe,  and  they  named  the  Earle  of  Errolls  house  in  Turreff, 
which  they  saide  his  lordshipp  and  some  of  his  select  freendes  should  be 
welcome  to  macke  use  of.  Of  all  the  rest  who  were  with  him,  they  neither 
spoke,  nor  meant  they  to  admitte,  lett  be  to  invite  them.* 

This  was  a  propositione  somewhat  ridiculouse,  to  invite  Huntly  for  to 
leave  his  rendevouze  and  come  in  amongst  them  with  some  few  of  his 
freendes ;  therfor  it  mett  with  such  acceptance  upon  Huntlyes  pairt  as  it 
deserved,  which  was  to  slight  it  qwytte ;  which  made  Findlater  use  manye 
wordes  to  Huntlye,  exhorting  him  to  peaceable  resolutions,  who  had  no 
warrant  to  doe  otherwayes. 

Some  tyme  befor  sunnesett,  Huntly  breake  upp  his  rendevouze,  and  sent 
the  most  pairt  of  his  owne  men  backe  to  Strabogye,  with  his  second  sonne 
James,  Viscounte  of  Aboyne,  under  whoise  conducte  they  had  come  thither 
that  day  in  a  brigadde  together.  A  considerable  number  of  gentlemen  con- 
veyed Huntly  towards  Forglane,  the  lairde  of  Banfes  house,  keeping  the 
straight  way  under  the  village  of  Turreff,  and  rydinge  hard  under  the 
dyckes  of  the  churcheyarde,  westward,  within  two  picke  lenth  to  Montrose 
company  without  salutatione  or  worde  speaking  on  either  syde.  The  next 
day  Montrose  disbanded  and  returned  southwards  againe.C) 

*  Nota.  This  commission  that  was  sent  to  Huntly  was  sent  by  the  Earle  of  Kinghorne, 
who  offered  to  Huntly  a  pairt  of  the  tonne  of  Turreff,  and  the  Earle  of  Errolls  lodginge, 
for  him  and  such  as  should  come  to  attende  him ;  but  Montrose  was  unseen  in  it.  The  com- 
mission was  sent  by  one  of  Montrose  syde,  a  Covenanter  gentleman  ;  and  the  ansuer  return- 
ed by  one  of  Huntlys  syde.  Whither  that  commissioner  who  came  from  Kinghorne  did 
come  in  Findlater's  company  or  not,  it  is  uncertaine,  nor  doe  I  remember  it. 

(1)  [The  narrative  of  Spalding  supplies  several  details  of  this  First  Raid  of  Turreff.  "  The 
Table  had  appointed  ane  committee  to  be  holden  at  Turreff,  for  stenting  of  the  countrie  and 
numbering  of  men.  And  to  this  effect,  ther  conveined  the  earle  of  Montrose,  the  earle  of 
Kinghorne,  the  lord  Coujjar,  with  sundrie  other  barrens  and  gentlemen,  about  nyne  score, 
Weill  horsed,  and  weill  armed  gallants,  haveing  buff  coats,  carabins,  swords,  pistolls,  and  the 
like  armes.  They  came  not  be  Aberdein,  but,  upon  Wednesday  the  13th  of  February,  they 
lodged  with  the  lord  Fraser,  at  his  place  of  Muchallis,  and  in  the  countrie  about.  And  upon 
the  morne  being  the  14th  of  Februar,  they  rode  from  Muchallis  to  Turreff,  haveing  the  lord 
Fraser,  one  of  the  committee,  with  them,  and  his  freinds ;  where  there  mett  them  the 
master  of  Forbes,  with  his  freinds  and  followers,  another  of  the  said  committee  ;  the  earle 
of  Marischall  himselfe  was  not  there,  but  his  men,  tennents,  and  servants,  of  Buchan  and 
Marr,  wcr  ther  ;  and  likewaycs,  the  young  earle  of  Erroll,  his  men,  tennents,  and  servants  of 
Buchan  wer  ther,  albeit  himselfe  was  but  ane  young  bairne ;  about  the  number  of  800,  weill 
horsed,  weill  armed  gentlemen,  and  on  foot  together,  with  buff  coats,  swords,  corslets, 
jackis,  piptolls,  carrabines,  hagbutts,  and  other  wapinis.  Thus,  they  took  in  the  toun  of 
Turreff',  and  busked  very  advantageously  their  muskets  round  about  the  dykes  of  the  kirk 


Ch.  XIII.]  HISTORY  OF  SCOTS  AFFAIRS.  215 

This  is  that  meeting  which  afterwards  was  knowne  under  the  name  of 
The  First  Roade  of  Turreif,  for  to  distinguish  it  from  a  rencounter  that  fell 
out  ther  in  May  following,  that  yeare,  betwixt  Huntlys  followers  and  ther 
neighbours,  the  Covenanters  of  the  shyres  of  Aberdeen  and  Banfe.  It  was 
looked  upon  as  ane  actione  upon  Huntlyes  pairt  whoise  deepe  and  mystery 
few  or  none  could  dyve  unto.  Yet,  Fame,  that  is  no  niggard  in  her  reportes, 
befor  it  came  the  lenth  of  Parise,  made  it  passe  ther  in  the  Parisian  Gazzett, 
under  no  lesse  notione  then  the  seidge  and  tacking  of  the  great  towne  of 
TurrefT,  in  Scottland,  by  the  Marquesse  of  Huntlye ;  whom  Fraunce  knew 

yeard,  and  sat  down  within  the  kirk  thcrof,  such  as  was  of  the  committee,  viz.  Montrose, 
Kinghorne,  Coupar,  Eraser,  and  Forbes ;  as  is  befor  noted. 

"  Now,  the  marquess  of  Huntly,  being  at  the  buriall  of  his  aunt  the  lady  Foveran,  and 
daughter  to  the  laird  of  Geight,  short  whyle  befor  this  time  ;  and  hearing  of  this  committee 
to  be  holden  at  Turreff,  and  talkeing  of  the  samen,  some  evil  disposed  persons  informed  his 
lordship  that  he  durst  not  come  ther  that  day.  The  marquess  incensed  thcrvvith,  came  frao 
the  buriall  to  his  house  in  Aberdein,  and  shortly  WTytes  to  his  freinds,  to  meit  him  without 
any  amies,  except  swords  and  shotts  ;  and,  upon  the  said  Wednesday  the  13th  of  February, 
he  lap  on  in  Aberdein,  haveing  his  two  sones  the  lord  Gordon  and  the  lord  Aboyne  with 
him,  the  earle  of  Findlater,  the  master  of  Rae  who  by  accident  was  then  in  Aberdein,  the 
laird  Drum,  the  laird  Banff,  the  laird  Geight,  the  laird  of  Haddoch,  the  laird  of  Pitfoddels, 
the  laird  of  Foveran,  the  laird  of  Newtoun,  the  laird  of  Udny,  with  many  others  that  mett 
him.  Allwayes,  he  lap  on  in  Aberdein,  about  60  horse  with  swords,  pistolls,  and  hagbutts 
allenarly ;  and,  upon  Wednesday,  he  came  to  Kellie,  the  laird  of  Haddoch's  house,  at  night. 
Upon  the  morne  being  Thursday  and  the  14th  of  February,  he  lap  on,  and  at  the  Broad 
Foord  of  Towie,  two  miles  distant  from  Turreff,  the  marquesse  himselfe  begane  to  rank  and 
putt  his  men  in  order,  and  to  take  up  the  number  of  them,  which  was  estimate  to  be  about 
2000  brave  weill  horsed  gentlemen  and  brave  footmen,  albeit  wanting  armes,  except  sword 
and  shott,  as  I  have  said.  Thus,  the  marquess  came  forward,  in  order  of  battell,  up  the 
northwest  syde  of  TurreiF,  in  sight  of  the  other  companyes,  ilk  ane  looking  to  others,  but 
any  kind  of  offence  or  injurious  word.  The  marquess,  haveing  thus  peaceablie  past  by,  dis- 
solved his  company,  ilk  man  to  go  home,  and  himselfe,  that  night,  went  to  Forglan,  pertain- 
ing to  the  laird  of  Banff.  The  covenanters  heard  indeed  of  the  marquess'  comeing,  and 
therefore  they  took  in  the  toun,  and  busked  the  yeard  dykes  very  commodiously,  as  I  have 
said  ;  and  seeing  ther  was  nothing  but  peace,  they  held  their  committee  within  the  kirk  of 
Turreff,  stented,  taxed,  and  numbered  the  men,  ordaining  them  to  be  in  readiness,  with 
their  armes,  to  attend  the  Table.  It  was  reported,  ther  came  to  assist  this  committee  out 
of  Murray,  the  laird  of  Innes,  the  sherrift"  of  Miu-ray,  the  lairds  of  Pluscardyne,  Tarbett, 
Brodie,  and  others,  about  12  score  brave  weill  horsed  gentlemen.  Allwayes,  upon  the  said 
14th  of  February,  this  committee  dissolved  in  peace,  and  the  lords  returned  back  to 
Muchailes  ;  the  rest  were  lodged,  that  night,  at  Inverurie  and  Kintoir.  Upon  the  morne, 
they  rode  to  Dunnotter,  wher  they  wer  mode  weillcome,  and  Marischall  ther  declared  him- 
selfe clearlie  to  be  ane  covenanter,  whilk  was  doubtfuU  before ;  and  suae  furth  ilk  man 
home.  The  marquess  of  Huntly  came  from  Forglan  to  Kellie,  upon  Fryday  at  even  ;  and, 
upon  Saturday,  he  returned  to  his  own  lodgeing  in  New  Aberdein.  This  bussieness  did  no 
good  to  the  marquess,  but  was  evill  devysed  and  councelled  to  make  a  show  of  his  strength 
and  power,  without  doeing  any  other  service  ;  for  the  whilk  and  others  his  doeings,  he  was 
with  his  freinds  pitifully  born  down  and  oppressed;  as  ye  may  hereafter  see."  Hist,  of 
Troub.  vol.  i.  pp.  93,  94.] 


216  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

better  then  they  knew  TurreiFe,  having  seen  him  some  few  yeares  befor 
amongst  the  armyes  of  the  Most  Christian  King,  commander  of  the  Com- 
pany of  the  Scottish  Gendarmes,  (which  company  is  the  second  of  Fraunce) 
in  the  service  against  Lorraine  and  Alsatia ;  wher  lyckwayes  his  two  eldest 
sonnes  George,  Lord  Gordone,  and  James,  Viscount  of  Aboyne,  past 
ther  apprenteshipp  in  the  scoole  of  Mars. 

This  interview,  at  TurrefF,  betuixt  Huntly  and  Montrosse  pairtyes,  did 
irritate  both  alycke  to  tacke  armes.  Montrosse,  by  what  he  had  sene,  un- 
derstood that  he  had  a  considerable  pairty  to  deale  withall ;  and  Huntly 
saw  that  his  enemy  was  resolute  and  watchfull.  Therfor  Huntly  resolves  no 
mor  now  to  lye  idle.  To  this  pourpose,  therfor,  he  falls  instantly  to  arme  his 
followers  with  such  armes  as  the  King  had  sent  to  him  (which  wer  brought 
about,  in  a  pinnace,  by  Sir  Alexander  Gordon  of  Clunye,(0  together  with 
a  comissione,  from  the  King,  of  a  lievtenantcye  over  the  north,*  which  was 
the  dignitye  his  predecessors  had) ;  and  for  to  cause  traine  the  young  soul- 
diours,  and  list  them  in  companyes  and  in  horse  troopes,  who  consisted 
mostly  of  volunteers.  And,  least  he  should  lye  opne  to  a  surpryse,  he  drawes 
in  gwards  about  him  to  Aberdeene;  which  the  townesmen,  at  his  request,  and 
for  ther  owne  securitye,  fell  to  fortifie  with  such  ti'enches  as  the  shortnesse 
of  the  tyme,  and  the  present  necessitye,  would  permitt  them  to  cast  and 
macke  upp;  which  worke  they  beganne  too  in  the  begininge  of  Blarche.  His 
house  of  Strabogye,  which  he  was  then  repairing,  was  not  in  conditions 
to  be  made  tenible ;  nor  was  the  Boge  of  Guight  in  much  better  posture  for 
defence,  being  builded  rather  for  beauty  and  accomodatione  then  for  strenthe. 
Ther  remained  one  castell,  seven  myles  west  from  Strabogye,  near  Balveny, 
called  Achindowne  castell  (built,  as  is  affirmed,  by  Cochrain,  who  was  minion 
to  King  James  the  Third),  which  was  the  only  strenth  he  coulde  confyde 

(1)  ["  Sir  Alexander  Gordon  of  Cluny,  knight  barronet,  being  sent  be  the  marquess  to  goe 
to  the  king  be  land,  returned  to  Aberdein  be  sea  in  one  of  the  king's  pinnages  upon  the 
nynth  of  March.  This  pinnage  guarded  and  convoyed  ane  other  merchant  ship,  to  the 
port  of  the  said  burgh,  wherein  there  was  '2000  musketts,  bandiliers,  and  musket  staves ; 
1000  pikes  with  harness  and  armes  both  for  footmen  and  horsemen;  and  carrabins,  horse 
picks,  pistoUs,  powder,  lead,  and  match.  Thir  armes  were  brought  on  shoar,  and  delivered 
to  the  marquess  upon  the  17th  of  March."     Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  99.] 

*  March  sixteenth,  His  commission  to  be  levtennnet  was  publicklye  proclaimed  at  the 
crosse  of  Aberdeen,  with  sounde  of  trumpett,  and  therafter  warrant  directed  out  to  all 
cheife  men  within  the  precincte,  for  to  tacke  armes.  Particularly  warrants  wer  sent  to  the 
Forbesses  and  Frasers,  rcqwyring  them  to  follow  him  in  the  Kings  service,  but  they 
sleighted  his  orders,  and  quickly  joined  with  ther  oune  pairtye.  [Spalding,  Hist,  of  Troub., 
vol.  i.,  pp.  100,  101,  where  a  copy  of  the  proclamation  is  preserved.] 


Ch.  XIV.] 


HISTORY  OF  SCOTS  AFFAIRS. 


217 


in  ;  yet.  because  of  its  scitwationc  amongst  barren  hills,  and  neer  the  High-  A.  D.  1639. 
lands,  rather  meet  to  be  a  prisone  and  a  retreate  than  a  gwarde  to  the  conn- 
trey,  being  unfitt  for  sallyes  upon  ane  enemye.  Nor  had  he  any  money 
furder  then  his  owne  revenew  (a  pairt  wherof  was  morgadged),  for  to  wadge 
this  warre ;  nor  was  he  to  expect  contributions  from  his  freendes  or  asso- 
tiatts,  who  behoved  to  mantane  themselves ;  the  power  of  the  Marquesses 
of  Huntly,  consisting  cheiflye  in  the  great  number  of  his  owne  vassalls,  both 
in  the  Highlands  and  Lowlands,  who  posesse  great  laundes  belonging  to 
him,  and  doe  therfor  pay  to  him  ther  personall  service  with  ther  followers, 
either  upon  horse  or  foote,  upon  ther  owne  charges  within  Scottland  when- 
ever they  are  reqwyred,  and  little  mor  of  any  thinge.  Besyde  this  all  his  fol- 
lowers being  as  much  inclynd  to  the  King  as  himself,  and  most  of  them 
with  ane  implicit  obedience,  all  this  coulde  macke  him  confident  to  doe  that 
which  want  of  money  would  have  made  appeare  impossible  to  others  or  him. 
This  I  intimate,  once  for  all,  that  it  may  be  understoode  what  was  the  reason 
why  he  was  so  hardly  brockne  afterwarde ;  as  also  how  it  came  to  passe  that 
his  followers,  and  vassals,  and  freendes,  a  few  yeares  afterward,  wer  so  in- 
strumentall  to  carry  on  such  considerable  atcheivments  as  made  the  Cove- 
nanters power  reele  and  stagger  in  Scottland  at  that  very  time  that  they 
wer  gainers  in  Englande.  Yow  see  the  case  is  soone  resolved  ;  such  as  wer 
Huntlyes  followers  wer  obleidged  to  serve  him  upon  ther  oun  charge  ;  and 
they,  and  all  that  joyned  with  them,  founde  themselves  as  muche  concerned 
in  the  Kings  qwarell  and  interest  as  ther  leaders  themselves. 

Though  I  have,  in  my  younger  yeares,  oftne  had  occasione  to  see  both 
partyes  at  that  tyme,  yet  I  cannot  peremptorly  determine  the  numbers  of 
thoise  who  then  and  afterward  bore  armes  under  Huntlyes  commande.  Yet, 
I  suppose,  I  am  not  farr  fi-om  the  truthe  if  I  say  that  his  followers  and  freends 
wer  about  three  thousand,  most  pairte  foote,  and  horse  the  rest.  If  they 
wer  not  some  mor  or  some  feuer,  it  was  with  a  number  not  many  fewer  that 
Huntlye  did  keep  his  next  rendevouse  at  Innerourye,  in  the  ende  of  Marche ; 
of  which  mor  presently. 

XIV.  Montrosse,  upon  the  other  pairt,  was  no  slower  then  Huntly  for    Montrose 
to  putt  himself  in  a  posture  offensive  ;   for  he  was  resolved  to  be  no  longer    P"ts  himself 
defensive,  as  he  had  been  at  TurrefF.*     Therfor,  that  he  might  macke  sure    offence  •  in- 

*  Nota.  Another  reasone  that  made  Montrosse  so  hastye  for  to  discusse  Huntlye  was 
the  necessitye  that  the  Covenanters  saw  for  to  have  the  couiitrey  qwyett,  and  no  consider- 
able bosome  enemye ;  seing  that  they  forsaw  that  they  behoved  for  to  turne  ther  maine 

2    E 


218 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


A.  D.  1639. 

timates  the 
the  time  of 
his  return  to 
the  north. 


Arglye  ap. 
pointed  to  take 
care  of  Airly, 
and  prevent 
his  joining 
Huntly  ;  also 
to  fall  upon 
Badenoch,  etc. 
in  a  certain 
event. 


Montrose's 
following. 


worke  with  Huntly,  he  intimates  the  time  of  his  backe  coming  to  the  north, 
unto  the  Covenanter  pairtye  of  the  Forbesses  and  Frazers,  etc.,  and  others 
in  the  shyres  of  Aberdene  and  Banfe.  Lyckwayes,  he  advertishes  the 
Covenanters  be  north  the  river  of  Spey,  such  as  belonged  unto  Murrey, 
Rosse,  Sutherland,  Catnesse,  for  to  be  readye,  with  all  theye  could  macke, 
for  to  marche  over  Spey,  and  joyne  with  him  if  need  should  bee.  Nor  wer 
most  of  them  slow  to  corresponde  with  Montross  ;  Huntly  and  his  famUye 
being  dreadfull  for  his  near  neighbourhoode,  and  therfor  hatefull,  as  also 
envyd  for  his  greatnesse  by  his  over  Speye  neighbours,  who  could  gladly 
wished  befor  then,  at  the  least,  for  to  have  had  his  winges  clipped  and  his 
naUes  pared. 

XV.  And  because  ther  was  correspondence  betuixt  Huntly  and  the  Earle 
of  Airlye,  whom  the  vicinitye  of  the  hills  gave  faire  occasione  to  joyne  with 
Huntlye  at  his  pleasure ;  therfor  Argylle,  with  about  a  thousand  of  his 
Highlanders,  was  appoynted  to  fynde  worke  to  Airlye  at  home ;  it  being 
knowne  to  the  Covenanters  that  none  wold  goe  about  that  service  mor  faith- 
fully then  Argylle,  being  that  the  Earle  of  Airly  was  hated  be  Argylle  up- 
on privatt  concernement,  as  the  Ogilvyes  of  Airlye  and  ther  familye  did 
beare  a  reciprocall  ill  wille  to  the  Campells  of  Ardgylle  many  yeares  befor 
the  Covenant.  This  was  not  all  Argylles  instructiones ;  for  he  was  lyck- 
wayes for  to  fall  upon  the  countreys  of  Badzenache,  and  Lochaber  or  Stra- 
dawin,  in  caise  the  Marquesse  of  Huntly  should  have  offered  to  have  made 
use  of  the  inhabitants  of  thes  places  for  to  draw  them  downe  to  the  low 
countreye  for  strenthning  his  oune  pairtye. 

XVI.  Montrosse  himself  was  followed  by  the  cavalry e  of  Mearnes, 
Angusse,  and  some  pairt  of  Pearth  shyre,  and  others,  mostly  be  north  the 
river  Forthe  ;  as  also  with  foote  levyd  out  of  thes  places,  trained  and  regi- 
mented, and  putt  under  skillfull  officers,  brought  from  abroade  for  that 
pourpose,  and  kept  under  paye  some  tyme  befor.  Such  as  speacke  of  his 
numbers  to  the  greatest  advauntag-e  call  them  but  three  thowsand  horse  and 


power  against  the  King,  who  was  macking  ready  considerable  forces  for  to  marche  towards 
the  border  of  Scottland.  Had  Huntly  and  his  associats  been  standing  unbrokne  when  the 
Kings  army  came  unto  Bervicke,  it  would  have  provne  very  hurtfull  to  the  Covenanters, 
and  rendered  ther  army  very  inconsiderable,  and  probably  made  ther  conditions  at  the 
Kings  handes  lesse  advantageous  for  them. 

But  the  maine  reasone  was  a  privat  letter  sent  by  Hamiltone  to  the  Covenanters  (which 
was  enclosed  in  a  pistoll,  with  another  letter,  which  desyred  them  to  receave  a  pistoU  and 
draw  the  charge)  ;  which  privat  advice  was  for  to  crubbe  ther  northeme  enemyes,  or  to 
expecte  no  qwarter  from  the  Kinge. 


Ch.   XVII.]  HISTORY  OF  SCOTS  AFFAIRS.  219 

foote ;'  others  saye  not  above  half  as  manye  ;  which  is  as  neer  the  truthe  as    A.  D.  1639. 

the  tother  relatione  of  his  numbers;  for  I  suppose  they  wer  about  two  thow-       

sand  att  moste. 

XVII.  Huntly  was  not  ignorant  of  the  storme  that  was  gathering  above  Huntly'sawk- 
his  heade  ;  but  he  was  to  acte  only  by  order  from  the  Kinge  ;  and  betuixt  ^^^  situation. 
them  ther  was  such  a  large  space,  and  the  Covenanters,  interjected,  who  sent  by  him  to 
carefully  strove  to  stoppe  his  intelligence,  which  (as  I  have  told)  easily  they  '■'^^'  ^''h 
might  doe,  that  it  fared  with  him  as  in  the  tyme  of  the  civill  warres  betuixt  Montrose  re- 
Vespasian  and  Vitellius.  Vespasians  pairtye,  under  Mutianus  conduct,  solves  to  visit 
wer  scuffling  with  the  VittcUianists  in  Italye,  whos  orders  wer  sent  them  \  ^^  °  r  ;, 

^  ^  ''  *P^^  01  Aber- 

from  Asia  out  of  Jurye ;  by  which  meanes  either  the  actione,  or  the  oppor-  deen.    Second 

tunitye  to  acte,  was  past  befor  the  orders  came  from  Vespasian.  deputation. 

•^  '^  Montrose  s 

But  ther  was  worse  then  the  distaunce  of  place,   and  the  Covenanters  answer  and 

ther  intercepting  Huntlyes  intelligence  and  orders ;  for  all  Huntlyes  direc-  behaviour. 

tions  wer  sent  by  HamUtounes   advyce,  who  heerm   directed  the   King,  anion?  the 

Huntlys  director.      They  all  tended  to  peace  and  delayes,  and  to  stand  de-  Covenanters. 

fencive,  and,  finally,  to  doe  nothing  against  them.     This  made   Huntlye  at  Montrose. 

essaye  by  treatye  what  could  be  effectwate  at  Montrosse  hande ;  to  which  Prodigy ; 

pourpose,  about  the  fifteenthe  of  Marche,(')  two  commissioners  wer  directed,  v"it/,°'^/"7'u 

in  Huntlyes  name,  to  Montrosse.    The  comissioners  wer  Robert  Gordone 

of  Strathloche,  and  Dr.  William  Gordone,  medicinar  to  Huntlye,  and  pro- 

*  "  Tria  millia  militum  festinato  delectu  ex  Transforthnnis  provinciis,  quibus  se  adjunxere 
qui  in  Angusia  &  Mernia  foederatarum  partium  erant."  Spang,  Historia  Motuum,  pag. 
319. 

(1)  [On  the  twentieth  of  March,  as  we  learn  from  the  following  entry  in  the  Council 
Register  of  the  City  of  Aberdeen : 

"  Commissionares  directt  to  the  Nobilitie  of  the  Covenant. 

"  Vigesimo  die  mensis  Martij  1639, 

"  The  samen  day  doctour  Williame  Johnstoune  and  George  Moresoun  ar  chosin  commis- 
sionares to  pas  to  the  nobilitie  of  the  Covenant  conveinit  at  Montrois,  and  to  capitulat  with 
thame  vpoun  sic  articles  as  shalbe  gewin  in  commissioun  to  the  saids  commissionares  anent 
the  repairinge  of  thair  armie  to  this  brughe  ;  As  lyikwayes  to  confer  be  the  way  with  the 
erll  Marshall  wpoun  the  same  busienes,  that  his  lordship  wald  be  pleased  to  contribute  his 
assistance  to  the  saids  commissionares  for  the  peace  and  quyett  of  this  toune  ;  and  George 
Jamesoun  is  appoyntit  to  accumpanie  and  assist  thame  in  the  said  commissioun,  quhilk  is  gewin 
to  the  effect  following,  viz.  To  petition  and  desyre  the  nobilitie  that  they  send  in  a  peace. 
abill  nianer  ane  hundrcth  men  at  the  most  for  holding  of  thair  committie  in  the  auld  coUedge, 
and  ])ublieatioun  of  the  actes  of  the  gcnerall  Assemblie  in  the  cathedrall  kirk  of  this  diocie  ; 
and,  if  the  college  and  cathedrall  kirk  be  not  made  patent  to  thame  for  that  effect,  to  declair 
wnto  thame  that  thay  sal  have  oure  paroche  kirk  patent  for  the  said  intimatioun  ;  the  nobi- 
litie alwayes  keipand  thamselfis  and  thair  forces  als  far  distant  frome  this  burghe,  as  the 
Marqueis  of  Huntlie  sail  do  with  his  forces."  Aberdeen  Council  Register,  vol.  lii. 
p.  432.] 


220  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  fessor  in  the  University  of  Aberdene :  To  thes,  lyckwayes,  the  cittye  of 
Aberdene  conjoyned  two  of  ther  townesmen,  Dr.  William  Johnstone,  me- 
diciner,  and  professor  of  the  raathematickes  in  the  New  Colledge  of  Aber- 
dene, who  had  subscrybed  the  Covenant ;  and  George  Morrisone,  baillie  of 
Aberdene.  Thes  four  comissioners  founde  Montrosse  at  his  owne  house 
of  Old  Montrosse,  the  first  tyme  that  they  went  to  treate  with  him,  befor 
his  souldiours  wer  rendevouzde.  Ther  proposalls  wer  to  him,  in  name  of 
Huntly  and  Aberdene,  That  he  would  be  pleased  for  to  keepe  himself  be 
south  the  hills  of  the  Grangbeen,  which  doe  divyde  the  north  from  the 
Mearnes  and  Angusse  and  the  rest  of  the  southe ;  and  that,  till  it  should  bee 
seene  whither  ther  might  be  any  hopes  of  treatye  as  yet  betuixt  the  King 
and  the  Covenanters ;  which,  iff  Montrosse  wold  consent  to,  Huntly  pro- 
misd  to  give  assurance  that  neither  he  nor  any  of  his  pairtye  should  trouble 
or  molest  any  of  the  Covenanters  his  neighbours,  and  that  he  should  keepe 
himself  within  the  boundes  of  his  lievtenantrye  be  northe  the  hills.  But,  al- 
beit the  commissioners  pressed  this  propositione  as  much  as  they  could,  yet 
they  coidd  obtaine  no  ansuer  else  from  Montrosse  but,  That,  in  obedience  to 
the  acte  of  the  Assembly  of  Glasgow,  they  behoved  to  visite  the  Old  Colledge 
of  Aberdeene,  and  behoved  to  keepe  the  tyme  appoynted ;  that  they  should 
trouble  no  man ;  they  should  pay  all  that  they  gott ;  and,  finallye,  that  they 
should  doe  no  mor  violence  to  any  man  then  they  should  be  necessitate  to 
doe :  Which  wordes  he  oftne  very  peremptory  repeated,  and  kept  himself 
in  thes  generall  termes.  For  the  rest  he  professed  a  great  deale  of  good 
will  to  Huntly,  and  to  his  followers,  and  wished  a  better  understanding 
amono-st  them  ;  and  so,  after  a  generall  complimentall  ansuer,  with  much 
appearance  of  outwarde  civilitye,  dissmissed  the  commissioners. 

How  soone  they  returned  from  Montrosse  to  Aberdene,  and  related  ther 
ansuer,  which  was  nothing  pleasing  to  manye,  Huntly  beganne  to  rendevouz 

March  18.  his  men ;  and,  against  the  eighteenths  of  Marche,  had  about  two  thousand 
and  two  liundreth  foote  and  horse  weall  armed  at  Innerourye  ;  but  all  of 
them  countrey  people,  and  though  none  wanted  good  will,  yet  few  or  none 
wer  amongst  them  who  had  skill  to  commande,  or  had  ever  been  upon  any 
considerable  service. 

(1)  [As  the  commissioners  were  not  dispatched  until  the  twentieth,  Gordon  is  obviously 
mistaken  in  supposing  that  Huntly's  rendevous  was  on  the  eighteenth.  It  is  placed  by 
Spalding,  apparently  with  accuracy,  on  the  twenty -fiflli.  Gordon  was  probably  misled  by 
the  terms  of  Huntly's  proclamation.     See  Spalding,  Hist,  of  Troub.,  pp.  100,  101.] 


Ch.  XVII.]  HISTORY  OF  SCOTS  AFFAIRS.  221 

Huntly,  who  neither  had  orders  to  fight,  nor  great  confidence  in  the  skill  A.  D.  1639. 
of  his  commanders,  resolves,  at  least,  to  putt  a  good  face  upon  the  matter, 
and  to  keepe  his  men  together  till  he  might  see  the  utmost  of  it :  To  which 
pourpose,  he  dispatchesC)  the  former  commissioners  towards  Montrose  from 
the  rendevouz  at  Innerourye,  once  mor  to  trye  if  his  former  offer  of  cessa- 
tione  would  be  accepted,  or  at  least  to  gane  tyme  tiU  he  might  have  new 
advertishment  from  the  King,  from  whom  he  howerly  expected  it,  either  to 
ingadge  or  retteere ;  or,  if  non  of  that  wold  be  aceptable,  at  least  to  lett  him 
know  what  the  Covenanters  pretences  wer,  and  what  they  desyred  of  him. 

The  commissioners  tooke  little  rest  till  they  came  wher  the  Earle  of  Mon- 
tross  was.  They  founde  him  in  the  towne  of  New  Monrosse  (which  is  two 
myles  eastwarde  of  Montrose  his  castell.  Old  Montrose,  and  both  standing 
upon  the  river  of  Sowtheske),  with  generall  Leslye  in  his  companye,  and  a 
considerable  number  of  cavaleers  and  souldiours  macking  his  rendevouze  for 
his  expeditione  thither.  Lyckwayes  had  he  caused  bring  two  peeces  of  brasse 
demicanon,  with  som  other  lesser  peeces  (strainge  ingredients  for  the  visi- 
tatione  of  ane  Universitye),  as  supposing  he  should  be  drivne  to  make  a 
breache  in  the  new  walls  of  Aberdene  befor  he  should  gett  entrye.  But  when 
the  comissioners  beganne  againe  to  urge  the  former  propositiones  in  behalf 

(1)  [On  the  twenty-fifth  of  March,  according  to  the  Aberdeen  Council  Register  : 

"  Commissionares  direct  of  new  againe  to  the  Nobilitie. 

"  Vigesimo  quinto  die  mensis  Martij  1639, 

"  The  quhilk  day.  In  respect  that  doctour  Willeame  Johnstoun  and  George  Moresoun, 
who  wer  directed  commissionares  from  this  burghe  to  tlie  erle  of  Montrois,  vpoun  the  twentie 
day  of  Marche  instant,  with  Mr  Robert  Gordoun  of  Straloch  and  doctour  Willeame  Gor- 
doun  commissionares  lyikwayes  to  his  lordship  from  the  Marquis  of  Huntly,  did  receave  a 
delaying  anser  at  that  tyme  frome  the  said  erle  of  Montrois  to  such  propositions  as  thay  did 
remonstrat  to  his  lordship  :  Thairfoir  the  prowest  baillies  and  counsall  thinkis  it  expedient  to 
direct  the  same  commissionaris  of  new  againe  to  the  said  erle  of  Montrois,  and  to  propone  to 
his  lordship  and  otheris  of  the  nobilitie  there  ])resent  with  him,  the  articles  following,  and  to 
craive  thair  anser  thalrw])oun.     Off  the  quhilkis  articles  the  tenor  foUowes. 

"  It  is  desyred  be  the  toune  of  Aberdeine,  That  they  may  hawe  assurance  that  no  hostilitie 
be  vsed  againes  thame ;  nor  nane  of  thair  magistrattes,  ministers,  nor  vtheris  thair  inhabitantes, 
be  forced  in  thair  consciences,  nor  wranged  in  their  bodies,  nor  gudes :  And  that  thair 
toune  be  left  in  peace,  as  thay  are  content  to  geive  a  peaceable  entrie  to  the  nobilitie  and 
thair  armie. 

"  Item,  If  any  particular  persones  geive  any  offence.  That  it  be  repared  in  privat,  but  re- 
flecting vpoun  the  publict  peace. 

"  Item,  That  the  toune  be  not  vrgit  to  receave  nor  harbor  mair  people  nor  they  may  con- 
venenientlie  ease. 

"  And  the  toune  promissis  a  peaceable  entrie  and  issue,  and  sic  accommodatioun  as  they 
can  atibord,  during  the  abod  of  the  nobilitie  there.  Subscrywed  be  the  prowest  and  baillies, 
and  be  the  Marquis  of  Huntly,  as  consentar,  the  25  day  of  Marche  1639."  Aberdeen  Coun- 
cil Register,  vol.  Hi.  p.  453.] 


222 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 


of  Huntlye,  they  could  draw  nothing  from  Montrosse  but  faire  and  generall 
answers,  which  either  signifyd  Httle  or  wer  flatt  refusalls,  or  wer  slightings 
of  all  ther  proposalls.  They  tould  the  commissioners,  by  way  of  derision, 
that  they  behoved  to  come  to  Aberdeene  to  proclaime  the  General  Assem- 
blye,  which  was  to  be  holdne  that  yeare  at  Edinburgh,  and  some  such  ne- 
glective  undervaluing  ansuers,  and  that  they  behoved  to  proclame  the  As- 
sembly of  Glasgow,  1638.  Nor  did  they  insiste  muche  ;  for  at  ther  returne 
they  sawe  Montrosse  his  motione  towards  the  northe  not  lycke  to  be  retarded 
by  what  they  had  to  saye ;  being  that  he  had  tackne  so  little  notice  of  ther 
last  comming,  as  that  he  did  not  pause  nor  delay  his  rendevouze  one  hower, 
nor  his  marche  any  whyle  upon  that  accompte. 

Great  was  the  trepidatione  that  was  amongst  them ;  and  whatever  might 
be  the  generall  Montrose  his  confidence,  yet  the  mixed  multitude,  his  fol- 
lowers, either  wanted  stomacke  to  the  service  or  wer  fearefull  of  the  event; 
and,  albeit,  they  saw  no  enemye  as  yet,  yet  they  went  not  about  ther  bussnesse 
with  confidence  eneuche.  Hithertoo  they  had  asisted  the  reading  of  protesta- 
tiones,  or  sittne  in  assemblyes,  or  tackne  in  some  empty  or  disarmed  castells: 
Now  they  supposd  they  wer  to  dispute  it  withe  ther  enemyes  in  the  feelds ; 
and  whatever  meanes  was  used  by  the  nobilitye  or  ther  ministrye  to  per- 
swade  the  vulgar  sorte  of  the  justnesse  of  ther  qwarrell,  yet  the  most  pairt  of 
them,  who  had  been  borne  and  bredd  upp  under  a  long  peace,  could  hardly 
distinguish  it  from  rebellione  against  ther  Kinge.  This  abstracted  confi- 
dence from  manye  of  the  meaner  sort,  and  bredd  a  trepidatione  in  them  at 
the  hearing  of  their  owne  drummes,  trumpetts,  and  shotte. 

At  this  time,  lyckwayes,  the  Covenanters  beganne  to  weare  and  tacke  for 
ther  colours  blew  ribbons,  which  they  carryd  aboute  them  scarfFwyse,  or  as 
some  orders  of  knythoode  weare  ther  ribbonds.  This  was  Montrosse  whimsie. 
To  thes  ribbons,  ordinarly  the  cavalrie  did  appende  ther  spanners  for  ther 
fyre  lockes,  and  the  foote  had  them  stucke  upp  in  bushes  in  ther  blew  capps ; 
which  devyce  seemed  so  plausible,  that  when  the  army  marched  towards  the 
border,  some  shorte  tyme  afterwards,  many  of  the  gentrye  threw  away  ther 
hattes  and  would  carry  nothing  but  bonnetts  and  bushes  of  blew  ribbons,  or 
pannashes,  therin,  in  contempt  of  the  Englishes,  who  disdainfully  called 
them  blew  cappes  and  jockyes. 

Ane  instance  of  the  feare  that  was  amongst  them  was  visible  eneuch  to 
Huntlyes  comissioners,  the  first  tyme  that  they  came  for  to  speacke  with 
Montrosse.     For  that  night  the  townesmen  of  Montrosse  espying  some  fyre 


Ch.  XVII.]  HISTORY  OF  SCOTS  AFFAIRS.  223 

in  the  night  tyme  in  the  hills,  towards  Innermarke  and  Edgell  castell,  fell   A.  D.  1639. 

upon  a  strong  concept  that  it  was  Huntlye  and  his  forces  who  wer  already 

come  within  two  or  three  myles  of  ther  towne,  macking  havocke  of  all  be. 

for  him  with  fyre  and  sworde.     This  imaginatione,  fostred  by  ther  feares, 

moved  them  to  beatte  drummes,  and  ring  the  alarum  bell ;  and,  albeit  it  was 

after  ten  a  clocke  at  night,  yet   to  armes  they  wold  needs  goe,  half  in  a 

rage,  half  in  a  feare.     Great  was  the  noyse  that  they  made ;  and  although 

the  comissioners  from   Huntly,  who  were  ther  lodged  that  night,  assurd 

them  there  was  no  dainger,  and  that  none  who  belonged  to  Huntlye  was 

neerer  them  than  Aberdeen,  yet  all  that  could  not  qwyett  them.    Nor  wer 

they  farr  from  falling  in  upon  the  commissioners  to  aifront,  or  doe  by  them 

as  ther  feare  and  fury  should  prompt  them,  had  it  not  been  for  the  master 

of  the  house  wher  they  wer  lodged,  who,  being  provost  of  Monrosse  at  that 

tyme,  interposed  his  authoritye  to  pacifie  the  multitude,  and  caused  shutt  his 

gates  against  them.  But  beer  it  rested  not ;  for  needs  must  they  runne  out, 

they  knew  not  whither,  nor  against  whome,  remaning  at  some  distance  all 

night  in  ther  armes,  till  breack  of  day  discovered  ther  error,  and  made  them 

know  that  ther  supposed  enemyes  wer  nothing  else  but  heather  kindled  in 

the  hilles,  the  which,  about  that  tyme  of  yeare,  the  countrey  people  use 

to  doe  in  thes  places  when  the  heather  growes  olde  ;  which  burninge,  the 

comissioners  sent  from  Huntly   saw  burning    all  the  day  befor,   hard  by 

them,  whilst  they  wer  on  ther  journey  to  Old  Montrosse. 

But  the  commissioners  sent  from  Huntly,  in  ther  returne  towards  Aber- 
deen, after  ther  second  journey  to  Montrosse,  saw  that  which  deserves  to 
be  putt  upon  recorde  to  the  posteritye ;  and  which,  at  that  tyme,  they  looked 
upon  as  a  certane  presage  of  the  warre  and  bloodshedd  which  quickly  ensued 
in  the  yeares  followinge.  For,  having  tackne  horse  at  Montrosse  (wher  they 
left  the  Earle  of  Montrosse  and  his  followers),  a  little  after  suime  rysinge, 
as  they  wer  going  towards  the  mouth  of  the  North  Water,  which  is  some 
two  myle  distant  from  the  towne  of  Monrosse,  they  and  ther  waiters  did 
espye  the  sunne  shyning  of  a  perfect  bloode  colour ;  yet  coulde  they  discerne 
no  vapours  which  could  phisically  occasione  the  chainge  of  her  colour,  for 
she  shyned  at  some  distaunce  above  the  sea,  and  they  wer  hard  by  the  shore. 
The  difference  betwixt  her  and  other  tymes  when  her  colour  is  obfuscated 
by  vapours,  was  that,  at  other  tymes  at  her  ryse  and  sett,  her  reed  colour  is 
dreggye  and  enclynes  to  browne ;  but  that  day  her  colour  looked  lycke  to  fresh 
blood,  wherof  a  little  qwantitye  is  powred  into  a  brighte  silver  basone,  or 


224 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Huntly  dis- 
bands, and 
retires  from 
Inverury  to 
Strathbogie. 


lycke  a  reed  rose,  or  lycke  that  bloode  in  the  cheke  which  phisitions  call 
sanguis  Jioridiis.  A  second  great  diiFerence  was  in  the  duratlone  and  con- 
tinwance  of  that  extraordinar  colour  ;  for  wheras,  at  other  tymes,  the  vapors 
tacke  or  keep  awaye  the  sunnes  bright  colour  but  for  some  short  space  after 
her  ryse  or  befor  her  sett,  it  was  evident  eneuch,  that  this  day  she  keeped 
that  colour  most  pairt  of  the  fornoone  ;  and,  befor  she  did  parte  therwith, 
cloudes  arysing,  about  eleven  a  clocke  in  the  fornoone,  tooke  the  sunne  out 
of  ther  sight. 

I  would  have  been  loathe  to  have  related  this  prodigie  so  confidentlye  and 
particularly,  upon  any  man's  asertion  or  informatione,  being  that  it  is  uswall 
to  macke  thes  thinges  greater  then  they  are,  had  I  not  at  that  tyme  been  my- 
self in  company  with  the  commissioners  from  Huntlye,  and  ane  eye  wittnesse 
therunto.  Nor  should  I  at  that  tyme  have  trusted  my  owne  skill  to  distin- 
guish betuixt  what  was  naturall  or  what  prodigiouse,  had  I  not  heard  the 
commissioners,  three  of  whom  wer  weaU  knowne  to  have  been  able  scoUers 
and  philosophes,  conclude  at  that  tyme  that  nether  that  colour  of  the 
sunne  which  they  wer  beholding  at  that  tyme,  nor  the  long  continwance 
therof,  did  or  could  flow  from  any  discernible  naturell  cause.  But  the  event 
since  has  putt  it  out  of  doubte  that  it  was  as  prodigiouse  as  thes  gentlemen 
at  that  tyme  did  unanimouslye  prognosticke  it  would  bee.  But  its  tyme  to 
leave  thes  digressiones  (which  possibly  may  recreate  the  reader),  and  to 
resume  the  threed  of  my  narratione. 

XVIII.  The  commissioners,  at  ther  returne,  had  newes  that  Huntlye 
was  disbanded  and  had  reteerd  himself  to  Strabogve.t"  Whether  it  wer  that 


(1)  [The  commissioners  seem  to  have  returned  on  the  twenty -seventh  or  twenty-eighth 
of  March. 

"  The  erle  of  Montrois  ansser  to  our  commissionares  propositiones. 

"   Vigesimo  octauo  die  mensis  Martij  16.39, 

"  The  quhilk  day,  the  hidll  towne  both  frie  and  wnfrie  being  conveinit  in  the  Tolbuith  be 
the  drum,  Mr  Alexander  JaftVay  prowest  schew  and  declaired  to  thame  the  articles  men- 
tioned in  the  act  immediatlie  befoir  written,  quhilk  the  magistrattes  and  counsaU  had  send 
with  thair  commissionares  to  the  erle  of  Montrois  and  remanent  nobilitie  of  the  Covenant 
approching  towards  this  burght  with  thair  armies  ;  And  withall  the  prowest  shew  the  ansser 
quilk  oure  commissionares  had  receaved  in  wreitt  to  the  saids  articles ;  of  the  quhilk  the 
tenor  followes  :  The  erle  of  Montrois  did  expres  that  his  intendit  woyage  for  Aberdeine  is 
onlie  for  performing  the  appointment  of  the  late  generall  Assemblie,  according  as  it  hath 
bene  done  in  other  places  ;  and  in  no  way  to  do  the  smallest  wrong  or  injurie  to  any  (as  per- 
haps is  sup])osed),  nor  vse  the  meanest  violence  excejjt  in  so  far  as  his  lordship  and  his  lord- 
ships foUoweris  salbe  necessitat  for  thair  awin  saiftie  and  thair  cans.  In  respect  of  the  quhilk 
diligence  vsed  be  the  magistrattes  and  counsell  in  directing  commissioners  to  the  said  erle  of 
Montrois,  and  of  the  said  erll  his  ansser  forsaid  gewin  to  the  saides  commissionares.   The 


lished. 


Ch.  XIX.]  HISTORY  OF  SCOTS  AFFAIRS.  225 

he  chaunged  his  resolutione,  after  he  sent  away  the  coramissioners  towards  A.  D.  1639. 
Moiitrosse ;  or  that  befor  ther  returne,  which  was  but  two  nightes,  that  he 
had  some  advertishment  from  the  King  so  to  doe  ;  I  cannot  nor  ever  could 
afterward  certanlye  learne.  The  last  I  dare  not  confidently  affirme  ;  beinge 
that  about  that  very  tyme  and  day  which  was  his  rendevouze  at  Inverourye, 
March  eighteenth,  the  Kings  houshold  entred  ther  journey  towards  Yorke, 
and  the  King  himself  tooke  not  journey  towards  Yorke  till  March  twenty- 
seventh,  which  was  after  Huntlycs  disbandage  some  dayes. 

XIX.  The  commissioners,  at  ther  returne  to  Aberdeen,  proved  no  other  Commissioner? 

but  harbingers  to  Montrose  his  pairtye,  to  assure  the  townesmen  that  the  ''ff'"""  to 
.  .  Aberdeen. 

Covenanters  pairty  was  at  ther  heeles  marching  northe,  and  as  fast  as  they  The  Loyalists 

could  ;  and,  therfor,  that  now,  in  steade  of  keeping  watche  and  warde,  they  "/•     Bishop 
would  doe  weall  to  provyde  good  qwarter  for  them  :  which  shortly  afterward  fljes_   Bishop's 
they  wer  glade  to  doe  to  the  most  pairt  of  Montrose  followers.     However,  house  demo- 
the  Marquesse  his  disbanding,  and  the  comissioners  ther  coming  befor  Mon- 
trose, was  a  sufficient  warning  for  all  who  had  shewed  themselves  most  de- 
clardly  for  the   King  and  against  the  Covenant  for  to   reteer,  uncertane 
how  they  should  be  used  or  looked  upon  by  ane  armd  multitude.*    Amongst 
thoise  who  fledd  away,  was  the  bishopp  of  Aberdeen,  Adam  Bellendin  ; 
who,  though  he  wer  ouncle  to  the  Maister  of  Forbesse,  a  pryme  Cove- 
nanter, yet  he  was  glade  to  reteer,  in  a  disgwyse,  to  his  friends  in  the 
countrey.t     Dr.  Barron,   and  some  others  of  the  ministry  of  Aberdeen, 
fledd   be  sea  to   Bervicke;    severall   countrey  ministers  followed  ther  ex- 
ample; and  not  a  few  of  the  cittizens  of  Aberdeen  at  first  reteered,'''  till 

towns  declared  that  thay  ar  content  to  receave  the  nobillmen  and  thair  foUoweris,  and  to  har- 
bor thame  efter  the  most  commodious  maner  they  can  ;  And  desyres  the  magistrattes  to  geive 
ordour,  ilk  baillie  throw  his  awin  quarter,  for  that  effect,  and  for  furnishing  competent 
ludginges  wnto  thame  sic  as  the  toune  can  affoord."     Aberd.  Counc.  Regist.  vol.lii.  p.  454. 

According  to  Spalding,  Huntly  broke  up  his  gathering  on  the  twenty-sixth  of  March.] 

'  Maria  twenty-second.  All  the  members  of  the  Kings  Colledge  of  Old  Aberdeen  fledd 
and  abandoned  the  Colledge.     [Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  102.] 

■j-  Whence  shortly  after  he  lyckwayes  fledd  unto  England.  His  dwellinge  house  at  Aber- 
deen was  rifled  by  the  Covenanters  souldiours,  and,  in  liew  of  them,  by  some  of  the  inhabit- 
tants,  qwyte  demolished,  as  the  dwelling  houses  of  sundry  others  of  the  bishopps  wer  used 
about  thes  tymes  ;  following  the  maxime  of  the  first  reformers.  That  the  nestes  being  cast 
downe,  the  crowes  would  build  no  mor  ther.  The  abbey  and  cathedralls  for  the  most  pairt 
had  been  demolished  befor  ;  and  now  the  ruinating  of  most  of  the  bishopps  houses  made  wav 
to  a  through  reformatione. 

(1)  ["  Ilk  man  begane  to  look  to  his  own  particular  wcill.  Some  removed  their  best 
goods  out  of  the  way  ;  other  some  fled  to  the  toun  with  their  wiffes  and  bairnes.  Amongst 
others,  there  fled  be  sea  about  60  of  the  bravest  men  and  youths  of  Aberdein,  weill  armed 

2  F 


226 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Montrose 
marches  tor 
Aberdeen  ; 
seizes  cannon, 
arms,  etc. 


afterwards,  fyiidiiig  the  Covenanters  to  carrye  qwyetter  then  they  expected 
(for  what  else  could  they  doe,  meeting  with  no  oppositione),  they  beganne 
to  dropp  in  againe  to  ther  houses. 

XX.  No  sooner  was  Huntly  disbanded,  but  Montrose  had  certane 
advyse  therof  from  the  Covenanters  in  the  north,  about  Aberdeen.  And 
now  Montrose  beganne  to  mai-ch  not  as  to  a  warr  but  as  to  a  triumph  ;  all 
ther  former  feares  wer  turned  to  joye,  and  all  was  imputed  to  the  good- 
nesse  of  the  cause,  to  which  God  beganne  to  shew  himselfe  so  favourable, 
that  ther  enemyes  had  fledd  whilst  none  persewed  them,  and  that  now  the 
curse  was  ahghting  upon  Meroz  (so  they  termed  Aberdeen  in  ther  ser- 
mons), which  came  not  to  helpe  the  Lord,(')  etc.  Ther  was  a  minister  at 
that  tyme  who  did  ascrybe  the  fairnesse  of  the  three  last  dayes  of  Marche 
(commonly  called  Borrowing  Dayes)(''')  that  tyme  to  a  miracle,  in  a  sermon 
preached  befor  many  wittnesses. 

Montrose   and   general!   Lesly    entred    Aberdeen*    upon    Palme    Sun- 


with  sword,  musket,  and  bundilier,  as  excellent  cavalliers  ;  they  took  one  of  the  Toun's 
colours,  and  John  Peak  their  drummer  with  them,  and  resolve  to  goe  to  the  king.  Others 
againe  bade  within  the  toun,  such  as  Mr.  Alexander  Jaffray  provost,  the  baillies,  and  others, 
covenanters.  Allwayes,  about  the  28th  of  March,  shipps  at  Torry  our  toune's  cavilliers  in 
ane  ship  attending  their  service.  With  whom  shipped  also  Doctor  Lesslie  principal!  of  the 
King's  CoUedge,  Dr.  Barron  professor  of  divinitie,  (for  Barron  was  not  an  ordinar  minister 
then  in  Aberdein,  but  preached  once  in  the  20  dayes,  because  he  was  professor  and  teached 
divinitie).  Dr.  Sibbald  one  of  the  ministers  of  Aberdein,  Dr.  Ross,  and  Dr.  Guild,  other 
two  of  the  toune's  ministers  ;  but  Dr.  Ross  might  not  flie,  because  he  was  lying  sore  sick  at 
that  time.  Thus,  all  fled  to  England,  except  Guild  who  fled  to  Holland.  There  also 
shipped  with  them  the  lairds  of  Drum,  Pitfoddels,  young  Foverane,  Balgouny,  Mr.  Alex- 
ander Irvine,  Robert  Irvine,  and  some  others  ;  and  upon  the  said  28th  of  March,  hoyse  up 
sail,  and  to  the  king  goe  they.  Doctor  Forbes  of  Corse,  Doctor  Scroggie  minister  at  Old 
A'^erdein,  and  Mr.  Gilbert  Ross  reader,  fled  all  their  houses,  and  throw  the  countrie  goe 
they.  Mr.  Alexander  Middleton,  Mr.  Alexander  Gairden,  and  Mr.  Alexander  Scroggie 
regents,  with  Mr.  Robert  Ogilvie  sub-principall  of  the  King's  College  of  Old  Aberdein, 
cast  up  the  colledge  yeitts  and  sett  the  students  at  liberty,  and  fled  throw  the  countrey 
themselves  :  this  was  done  upon  the  22d  of  March.  The  bishop  of  Aberdein  flyes  out  of 
Aberdein,  upon  27th  March,  with  John  Bellenden  his  sone,  Mr.  John  Bellenden  his  brother 
sone,  and  John  Blaccatcr  his  servitor  ;  and  quietly  throw  the  country  goes  he."  Spalding, 
Hist,  of  Troub.  vol.  i.  p.  105.] 

(1)  [Judges  V.  23.] 

(2)  ["  Borrowing  Days,  the  three  last  days  of  March,  Old  Stile.  Those  days  being 
generally  stormy,  our  forefathers  have  endeavoured  to  account  for  this  circumstance,  by 
pretending  that  March  borrowed  them  from  April,  that  he  might  extend  his  power  so  much 
longer."     Jamieson,] 

*  Montrose  and  his  armye  marched  downe  Dee  syde,  and  entred  Aberdeen,  Marche 
thirtieth.  ["  They  came  in  order  of  battell  weill  armed  both  on  horse  and  foot,  ilk  horse- 
man haveing  five  shot  at  the  least,  with  ane  carabine  in  his  hand,  two  pistols  by  his  sydes, 
and  other  two  at  his  saddell  toir  ;  the  pikemen  in  their  ranks,  with  pike   and  sword ;  the 


Ch.  XX.]  HISTORY  OF  SCOTS  AFFAIRS.  227 

dayeC"  with  a  veni,  vidi,  vici,  when  they  lay  some  dayes  and  qwartered.  The  A.  D.  16.39. 
tirst  thing  they  did  was  to  cause  the  cittizens  fill  upp  ther  trenshes,  and 
sleight  all  the  workes  which  they  had  made  upp  some  dayes  befor.  Next,  they 
cause  raacke  searche  for  armes,  and,  by  proclaraatione  (which  gott  but  little 
obedience),  command  all  cittizens  to  delyver  upp  ther  armes.  Some  yeares 
befor,   when  the  English   had  warre  with  Spaine,   King  Charles  had  sent 

musketiers  in  their  ranks,  with  musket,  musket  stafFe,  bandelier,  sword,  powder,  ball,  and 
match ;  ilk  company  both  on  horse  and  toot  had  their  captains,  lieutenants,  ensignes,  ser- 
geants, and  other  officers  and  commanders,  all  tor  the  most  part  in  bufF  coats,  and  in  goodly 
order.  They  had  five  colours  or  ensignes  ;  whereof  the  earl  of  Montrose  had  one,  haveing 
this  motto,  FOR  religion,  the  covenant,  and  the  countrie,  the  earle  of  Marischall 
had  one,  the  earle  of  Kinghorne  had  one,  and  the  town  of  Dundie  had  two.  They  had 
trumpeters  to  ilk  company  of  horsemen,  and  drummers  to  ilk  company  of  footmen ;  they 
had  their  meat,  drink  and  other  provision,  bag  and  baggage,  carryed  with  them,  all  done  be 
advyse  of  his  excellence  Felt  Marischal  Lesslie,  whose  councell,  generall  Montrose  followed 
in  this  bussieness.  Now,  in  seimly  order  and  good  array,  this  army  came  forward,  and 
entered  the  burgh  of  Aberdein,  about  ten  hours  in  the  morning,  at  the  Over  Kirkgate 
Port,  syne  came  down  throw  the  Broadgate,  throw  the  Castlegate,  out  at  the  Justice  Port, 
to  the  Quein's  Links  directly.  Here  it  is  to  be  notted,  that  few  or  none  of  this  haill  army 
wanted  ane  blew  ribbin  hung  about  his  craig  doun  under  his  left  arme,  which  they  called 
The  Cove7ianter' s  Ribbin.  But  the  lord  Gordon,  and  some  others  of  the  marquess'  bairnes 
and  familie,  had  ane  ribbin,  when  he  was  dwelling  in  the  toun,  of  ane  reid  flesh  culler, 
which  they  wore  in  their  hatts,  and  called  it  The  Royal  Ribbin,  as  a  signe  of  their  love 
and  loyaltie  to  the  King.  In  despyte  and  derision  thereof  this  blew  ribbin  was  worne,  and 
called  The  Covenanter's  Ribbin  be  the  haill  souldiers  of  the  army,  and  would  not  hear  of 
the  royal  ribbm  ;  such  was  their  pryde  and  malice.  .  .  .  Muster  being  made,  all  men  were 
commanded,  be  sound  of  trumpet,  in  generall  Montrose'  name,  to  goe  to  breakfast,  either 
in  the  Links  or  in  the  toun.  The  generall  himselfe,  the  nobles,  captains  and  commanders, 
for  the  most  part,  and  souldiers,  sat  doun  on  the  Links,  and  of  their  own  provision,  with 
ane  servitt  on  their  knee,  took  their  breakfast."     Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  108. 

"  Entrie  of  the  first  armie. 

"  Memorandum  :  On  Saturday  the  penult  day  of  Marche  1639, 

"  The  erllof  Montrois,  generall  of  the  armie,  accumpanied  with  the  erll  Marshall,  the  erll 
of  Kingorne,  generall  Leslie,  the  lord  Coupar,  the  lord  Elcho,  the  lord  Fraser,  the  maister 
of  Forbes,  and  many  barons  of  Angus  Mcarnes  Mar  and  Buchan,  came  to  the  Toune  of 
Aberdeine,  with  thair  armie  of  horss  and  fute,  whair  thay  entered  and  marched  throughe  the 
toune  to  the  linkis,  and  there  they  pitched  their  camp,  being  accompted  sex  thowsand  men, 
satt  at  thair  counsell  of  warr ;  And  thaireftir  the  erles  of  Marshall  and  Montrois,  generall 
Leslie  and  the  greatest  pairt  of  the  armie,  marched  that  day  frome  the  linkes  to  Invervrie, 
leaving  behind  thame  the  erll  of  Kingorne,  with  aughteine  hundreth  men,  to  ly  in  the  toune 
till  thair  bak  cuming.  And  befoir  thay  marched  out  of  the  linkes,  the  nobillmen  send  for 
oure  prouestandbaillies,  and  chairgit  thame  to  fill  vp  and  cast  in  oure  trinshes  in  all  possible 
diligence,  and  to  enter  to  work  for  that  etfect  on  Mononday  nixt  and  to  continew  thairat  till 
all  the  trinshes  were  filled  wp  againe  vnder  the  paine  of  plundering  and  rasing  oure  toune ; 
quhilk  wes  accordinglie  obeyit."      Aberdeen  Council  Register,  vol.  lii.  p.  455.] 

(1)  [There  is  here  an  error  in  the  date.  Palm  Sunday  in  1639  fell  upon  the  seventh  of 
April ;  but,  as  we  learn  from  Spalding,  from  the  Aberdeen  Council  Register,  and  indeed 
from  Gordon  himself,  Montrose  and  general  Lesly  entered  Aberdeen  on  Saturday  the 
thirtieth  of  March.'] 


228 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 


A.  D.  1639.    twelve  peece  of  iron  canon  to   Aberdeen   of  about  sixteen  pounds  ball ; 

thes  the  Covenanters  seized  upon  and  caused  carry  away  by  sea  with  ther 

furnitur,  and  disposed  of  them  in  other  places ;  but  to  this  daye  they  were 

never  mor  restored.     And  now  the  Covenanter  ministers  enter  the  pulpitts 

of  Aberdeen  triumphantly,  which  had  been  deneyd  to  them  the  yeare  befor  ; 

ther  they  crye  victorie,  and  begine  to  sing  a  song  to  the  townesmen  of  a  farr 

other  tune  then  they  had  learnd  from  ther  owne  ministers  and  doctors, 

crying  downe  that  doctrine  which  the  townes  doctors  (they  knew)  wer  not 

now  in  eqwall  termes  with  them  to  mantane  any  mor  without  affi'ontes  to 

ther  persons.*     Whether  Aberdeen  at  that  tyme  payd  any  contribution  of 

money  to  themf  I  will  neither  affirme  nor  deney.     Some  few  prosllitts,  by 

flattery  or  terrour,  at  that  tyme  wer  drawne  to  subscrybe  ther  Covenant. 

Montrose  XXI.  After  some  few  dayes  staye  in  Aberdeen,  Lesly  constitutes  the 

aSinsr  Earle  of  Kingorne  governour  of  Aberdeen ;  and  then  Montrose  and  his 

Huntly,  partye  marched   for   lnnerourye,(0  with  resolutione  to  disscusse  and  fynde 

leaving  Knig-   ^^^^  Huntlve.    They  did  lye  downe  at  Innerowryt  in  opne  leaguer,  (2)  having- 

horn  gover-  j  ^   j  j  jtio'  & 

nour  of  Aber-  drawne  alonge  with  them  some  short  feeld  peeces,  of  three  foot  longe  or 

deen ;  encamps  tljgrby,  which,  for  all  that,  were  of  ane  indifferent  wydnesse,  and  did  shoote 
at  Inverurv.  .      . 

ane  indifferent  great  ball.   Thes  peeces  (commonly  nicknamed  Deer  Sandyes 

stoups,  as  being  the  inventione,  or  so  thought,  of  Collonel  Alexander  Ha- 

miltoune,  master  of  ther  artillerye,  who  himself  was  nicknamed  Deer  Sandy,) 

wer  the  ordnar  feeld  peeces  that  afterwards  for  some  tyme  wer  made  use 

of,  for  the  most  pairt,  by  the  Covenanters. 

Their  severity       XXII.   The  last  yeare  the  Covenanters  had  sent  ther  ministers  north 

upon  the  Loy-   for  to  gaine  proselytes  to  the  Covenant,  or  Good  Cause,  as  it  was  commonly 

termed.    But  now  the  Covenant  beganne  to  be  propagated  by  an  other  sort 

•  Apryle  second.  The  comittye  appoynted  by  the  Assembly  of  Glasgow  sitt  downe  in  the 
Old  Toune  Colledge,  and  citte  the  members  to  ansuer  them  ;  but  all  refoose  to  compeer  ex- 
cept Mr.  John  Lundy,  a  Covenanter. 

t  They  did  pay  ;   vide  postea. 

(1)  [On  Saturday  the  thirtieth  of  March.     Spalding,  Hist  of  Troub.,  vol.  i.,  p.  109.] 

(2)  [On  Monday  the  first  of  April.     Ibid,  vol,  i.,  p.  110.] 

t  In  ther  absence  at  Inneroury,  the  gwarde  of  the  comittye  sitting  at  the  Old  Toune 
Colledge,  being  mostly  country  souldiours  belonging  to  Forbesses  and  Frazers,  fall  upon  the 
bishop  of  Aberdeen  his  house,  and  begin  for  to  plunder  it.  But  at  that  tyme  the  laird  of 
Oldbarr,  brother  unto  Kingorne,  did  beatt  them  off  with  little  harnie  done.  ["  In  the  mean 
time,  some  of  his  rascally  souldiers  began  (which  none  did  before)  to  abuse  the  bishop's 
staitly  palace,  and  spulzie  the  samen,  against  Auldbarr's  will  and  commandment."  Spalding, 
Hist  of  Troub.,  vol.  i.,  pp.  112,  113.] 


Ch.   XXIII.]  HISTORY  OF  SCOTS  AFFAIRS.  229 

of  apostles  ;  for  no  sooner  was  Montrose  come  to  Innerowrye,  but  his  men  A.  D.  1639. 
must  be  billetted  most  pairt  upon  free  qwarter,  a  langwage  that  till  then  was 
not  understood  in  thes  places,  though  afterwardes  evry  body  came  to  know 
weall  eneueh  what  it  meand,  to  ther  charges  and  expence.  Nor  was  this 
all ;  for  being  that  most  pairt  of  the  countrey  next  adjacent  to  ther  qwarter 
wer  Anticovenanters,  the  souldiours  wer  connivd  at  for  to  carry  rudly  in 
ther  qwarters,  and  had  underhand  warrant  for  to  rifle  the  houses  of  some 
gentlemen  who  wer  fledde:  This  they  called  for  to  plunder  them.  Such  a 
kynde  of  deportment  looked  very  ill  favoured ;  and  so  much  the  worse  be- 
cause, albeit  few  felt  this  new  kynde  of  discipline,  yet  all  thought  them- 
selves obnoxiouse  who  wer  within  the  reache  of  ther  qwarter.  The  alarum 
of  plundering  brought  many  convertes  to  the  Covenant ;  for  the  countrey 
people,  fynding  no  hopes  of  protectione  by  Huntlyes  meanes,  and  perceiv- 
ing that  they  wer  lying  under  the  feete  of  ane  armed  power,  began  for  to 
come  in  apace  and  subscrybe  the  Covenant,  which  was  the  pryce  of  ther 
securitye :  For  to  none  was  ther  a  safegwarde  or  protection  graunted,  sub- 
scrybed  by  Montrosse,  but  to  such  as  first  subscrybed  the  Covenante.  And 
not  a  few,  after  they  had  been  terifyd  by  the  souldiours,  and  ther  houses 
rifled  or  plundered,  wer  glade  to  subscrybe  the  Covenant  for  ther  after  se- 
curitye, though  they  intended  not  to  stande  to  it.W 

XXIII.  In  the  interim,   Huntly  being  at  his   owne  house   of  Boig  of  Interview  be- 

Gioht,  not*  many  myles  distant  from  ther  qwarter,  either  behoved  now  to    twixt  Huntly 
°  -z       ■'  <.  11  8""  Montrose 

flee  and  leave  his  countrey  and  followers  as  a  prey,  or  to  come  to  a  parley    at  Lowes?. 

with  them ;  which  they  wer  desyrouse  of,  and  was  accorded  to  by  Huntlye. 

The  place  for  the  enterview,  betwixt  Huntly  and  Montrosse,  was,  by  mu- 

twall  agreement,  appoynted  to  be   Lowess,t  a  countreye  village*^'  (upon 

(1)  ["  Diireing  the  space  the  army  was  lying  at  Inverurie,  they  plundered  frae  Thonia* 
Crombie  of  Kemnay,  out  of  his  ground,  as  ane  ante-covenanter,  about  22  score  bolls  of 
victuall,  which  he  had  laid  up  in  stoir  within  his  girnells  in  Kemnay.  The  earle  of  Mar- 
shall's men  of  Skeyne  and  Kintoir  were  busie  about  this  plundering  with  the  rest  of  the 
souldiers  ;  and  it  was  sold  very  cheap,  at  6s.  8d.  the  boll,  because  they  could  not  carry  it 
with  them.  The  lord  Erskine  caused  plunder,  frae  Mr.  Alexander  Reid,  six  score  bolls  of 
victuall,  out  of  the  lands  of  Kildrummy.  The  lau-d  of  Pitmedden's  ground  of  Barrach,  and 
sundrie  other  pairts  in  this  countrey,  about  this  time,  was  pitifully  spuilzied  and  plundered  ; 
whilk  made  them  all  to  come  in  and  subscrive  the  covenant,  albeit  they  had  subscrived  the 
king's  covenant  before,  and  were  glaid  to  obtaine  the  generall's  protection  to  save  their 
ground  from  any  farder  molestation."     Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  114.] 

*  Twenty-seven  myles  Scottish,  wher  he  stayd  not,  but  reteerd  to  Balvcney  castell. 
t  It  was  altered  ;  vide  infra. 

(2)  [Now  called  Lewes  of  Fyvie,  on  the  highway  from  Aberdeen  to  Banff.] 


230 


HISTORY  OF  SCOTS  AFFAIRS.  [B.   IV. 


A.  D.  1639.  the  rode  waye  betwixt  Aberdeen  and  Straboggye),  lyinge  neer  a  myle  south 
west  of  the  parosh  churche  of  Raine.  Ten  myles  distant  from  Strabogye 
castell,  or  therby,  it  is,  and  about  four  from  Innerowrye,  then  Montrosse 
heade  qwarter ;  for  Huntly  was  not  in  posture  now  for  to  gett  a  meeting 
midd  waye.  Ther  war  appoynted  twelle  gentlemen  upon  eache  syde, 
twenty-four  in  all,  to  be  present  at  that  interviewe.* 

When  the  tyme  appoynted  for  the  meeting  came,  neither  of  the  partyes 
failed  to  be  present;  but  befor  they  parlie,  ther  was  a  gentilman  directed  off 
from  either  syde,  to  searche  the  counter  partye  for  hiddne  armes,  which  was 
acordingly  done.  And  then  Huntly  and  Montrose  did  respectfully  salute  one 
another ;  and,  after  some  little  generall  conference,  they  two  stept  asyde  and 
had  a  long  privat  discourse  together,  leaving  the  gentlemen  (who  came  hope- 
full  to  be  wittnesses  to  ther  conference),  now  to  be  only  spectators  to  ther 
meeting ;  whairwith  some  of  Huntlyes  syde  wer  not  weall  satisfeede. 

What  wer  the  particulars  of  ther  conference  I  could  never  learne,  nor  was 
ther  mor  knowne,  but  by  the  effectes  and  event  therof ;  for  after  some  bowers 
stay  at  Lowesse,  Huntlye  tackes  horse,  and  with  the  twelve  genthnen,  his 
freendes  (without  ever  acqwaynting  any  of  them  upon  what  accompt  he  did 
it),  rydes  fordwards  with  Montrosse  to  the  heade  qwarter  at  Innerowrye, 
wher  he  was  receaved  with  much  respect  and  joye  to  the  Covenanters ;  his 

'  The  manner  of  the  drawinge  on  of  that  parley  was  by  the  mediatione  of  the  laird  of 
Straf hloche,  who  befor  had  been  twyce  coniraissioner  betwixt  Huntly  and  Montrose.  To  him 
did  Huntly  wrytte  from  Boig  of  Gight,  desyring  him  for  to  trye  if  the  Covenanters  woulde 
come  to  a  parley,  but  not  to  lett  it  be  knowne  that  he  had  anye  warrant  from  Huntly. 

Strathloch,  upon  the  receipt  of  Huntlyes  letter,  went  immediatly  to  Montrosse  qwarter, 
at  Kintor,  being  in  his  waye  towards  Innerowrye ;  and,  being  come  ther,  desyrd  for  to  s])eacke 
with  Montrose  and  others  of  the  cheife  men ;  and,  having  gottne  audience,  he  urged  a  treatye. 
They  enqwyred  if  he  had  any  warrant  to  propose  a  personalle  treaty  from  Huntlye.  He  an- 
suered.  That  he  had  such  power  with  Huntlye,  that,  if  they  wer  willinge,  he  would  under- 
tacke  for  to  macke  Huntly  come  and  speacke  with  them  in  any  indifferent  place.  This  they 
wer  very  weall  content  of,  and  agreed  that  Lowesse  should  be  the  place,  and  twall  on  the 
syde  :  this  was  upon  Sundaye  [the  thirty-first  of  March  ;]  the  day  of  meetinge  to  be  Tews- 
day  therafter,  or  Wedynsday.  Montrose  desyred  Strathloche  to  macke  haistc  to  draw  on 
the  meeting  ;  who  came  the  next  daye  to  Boige,  upon  Munday,  and  at  his  alighting,  worot 
to  Huntlye  (who  was  reteered  to  Balvenye  castell,  towards  the  hills).  Upon  the  sight  of 
his  letter,  Huntly  came  to  Boige  upon  Munday,  at  night.  He  saide  he  would  embrace  the 
offer  and  speacke  with  Montrosse,  because  they  wer  not  yet  fallne  in  bloode,  and  therfor 
the  lesse  danger  to  goe,  etc.  The  meeting  was  once  appoynted  to  be  at  Lowesse ;  but 
when  Huntly  came  ther,  he  chaunged  his  resolution,  and  rode  fordwards  to  Innerowrye ;  and 
the  treaty  was  holdne  ther  twixt  him  and  Montrose,  hard  by  the  Covenanters  qwarter. 

At  first,  they  fell  to  grow  hott  in  ther  discourse;  but  whilst  the  laird  of  Strathloch  made  a 
motion  that  they  should  parley  by  midd  men,  Huntly  and  Montrose,  of  ther  owne  accorde, 
went  asyde  to  a  privat  conference. 


N.  B. 


Ch.   XXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  231 

comming  having  been  alyke  wished  and  unexpected  by  them.    The  gentle-    A.  D.  1639. 

men,  his  freendes,  wer  also  very  civilly  welcorad,  and  vi'er  left  to  ther  free- 

dome  to  goe  away  whither  they  pleased,  without  urging  them  furder  then 

discreetly  with  the  subscriptione  of  the  Covenant,  which  at  that  tyme  they 

delayed. 

XXIV.  Although  it  was  supposed  that  Huntly  at  that  tyme  subscrybed    Huntly  re- 

the  Covenant,  yet  the  result  of  ther  conference  and  his  capitulation  did  all    'j^J™^  ^""^ 

come  to  this,  That  Huntly  should  subscrybe  a  paper  to  the  Covenanters,    Inverury, 

wherin  he  obleidged  himself  for  to  mantaine  the  Kinges  authoritye,  together    where  he  sub- 

with  the  libertyes  both  of  Church  and  State,  of  relligione  and  lawes ;  which   per,  but  not 

was  accordinsrlv  done  by  him."'    But  whatever  obligatione  that  paper  might    }^^  Covenant. 
,n,^  11-  .»  Terms  which 

implye,  it  seemes  the  rest  ot  the  Covenanters  thought  it  not  so  satistactorye    Huntly  ob- 

as  Montrosse  did;  for  (as  shall  be  told),  they  fell  to  presse  him  to  subscrybe   tained  for  his 
the  Covenant,  after  they  had  tackne  him  south  prisoner,  contrare  to  ther 
parolle  after  that  meetinge. 

Some  assuraunce  lyckwayes  he  purchassed  to  his  freendes  and  followers. 
They  wer  of  severall  predicaments ;  some  of  them  wer  launded  gentlmen, 
of  his  name,  or  his  associatts,  but  not  his  vassalls  ;  others  wer  his  owne  fol- 
lowers and  tenents,  and,  amongst  thes,  some  wer  protestants  and  others 
papistes.  Assuraunce  was  givne  for  all  of  them,  in  the  generalle,  that  they 
should  not  be  harmed,  nor  any  thing  that  belonged  to  them,  they  carrying 
themselves  peaceablye;  and  such  of  them  as  would  subscrybe  the  Covenant, 

(1)  ["  Ye  heard  before,  of  ane  meiting  tb-awen  on  betuixt  the  marquess  of  Huntly  and 
generall  Montrose.  The  4th  of  Aprile  being  Thursday,  the  marquess  came,  eleven  and  him- 
selfe,  with  only  swords  be  their  sydes,  wherof  the  lord  Oliphant,  and  his  son  James  the  lord 
Aboyne  were  two.  The  generall,  in  like  manner,  mett  him  at  the  place  appointed,  with 
eleven  and  himselfe,  in  like  armes,  whereof  the  lord  Elcho  and  lord  Coupar  were  two.  After 
salutation,  they  lighted  frae  their  horses,  and  upon  foot  fell  to  conference,  but  nothing  was 
ended  ;  yet  both  took  to  be  advysed  till  the  morne.  They  parted,  the  marquess  rode,  that 
night,  two  miles  frae  the  camp  to  Legatsden,  where  he  soupped  and  went  all  night  to  Pit- 
caple  to  his  bed,  without  whom  he  could  doe  nothing,  and  so  had  their  advyce  ;  and  the 
generall  returned  back  to  the  camp. 

"  Upon  the  morne  being  Fryday  and  3th  of  Aprile,  the  saids  lords  mett  againe,  in  the  samen 
place  and  forme  forsaid  ;  wher,  it  was  said,  the  marquess  past  some  conditions  in  write, 
obleidgeing  him  to  stand  to  the  Confession  of  Faith,  made  in  anno  1380  and  anno  1581,  and 
that  he  would  defend  the  king,  the  religion,  lawes,  and  liberties  of  the  kingdome  to  his 
power  ;  that  he  would  doe  his  best  to  cause  his  freinds,  men,  tennents,  and  servants,  subscrive 
the  covenant,  otherwayes  to  behold  them.  Thir  were  the  conditions,  as  was  alleadged, 
which  the  marquess  subscrived  and  delivered  to  the  generall.  Thereafter  they  parted  in 
peace,  without  dissimulation,  as  was  thought.  The  marquess  went  not  near  the  camp,  but 
straight  to  Strabogie  ;  and  the  generall  rode  close  to  the  camp,  where  after  consultation 
they  were  weill  pleased,  and  he  praised  for  his  paines."  Spalding,  Hist,  of  Troub.,  vol.  i., 
pp.  112,  113.] 


232  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.    as  they  wer  invitted  to  it,  so  they  wer  content  to  lett  them  advyse  upon  it, 

and  not  to  be  hasty  with  them  ;  and  Huntly  was  content  to  restrane  none 

who  wer  willing  to  tacke  the  oath  of  Covenante.  The  difficultye  only  re- 
mained for  such  as  wer  papistes,  and  so  not  lycke  to  subscrybe  the  Cove- 
nant, how  they  should  be  securd,  as  also  what  assuraunce  might  be  expected 
from  them.  To  this  pourpose,  ther  was  a  middse  fallne  upon  with  all  such, 
that  they  should  be  tackne  under  protectione,  they  subscrybing  a  declara- 
tione  of  ther  willingnesse  for  to  concurre  with  the  Covenanters  of  maintain- 
ing the  lawes  and  libertyes  of  the  kyngdome.  And  that  the  papistes  might 
be  encouraged  unto  the  subsigning  of  such  ane  obligatione  and  bounde,  ther 
was  a  declaration  emitted  by  Montrosse  to  that  pourpose,  signed  by  such 
noblemen  as  wer  present  with  him  at  that  tyme  at  Innerowrye,  and  by 
Huntlye  amongst  the  rest.  The  principall  coppye  of  that  declaration  having 
fallne  into  my  handes  some  short  tyme  therafter,  and  being  as  yet  by  me,  I 
have  sett  it  downe  worde  for  worde,  it  being  but  very  short :  And  it  is  as 
followethe : 

"  Forasmeekle  as  thes  who  by  profession  are  of  a  contrarye  relligione, 
and  therfor  cannot  condiscende  to  the  subscrybing  of  the  Covenante,  yet  are 
willing  to  concurre  with  us  in  the  common  course  of  mantaining  the  lawes 
and  libertyes  of  the  kyngdome  :  Thes  are  therfor  reqwyring  that  none  of 
thes  who  being  papistes  by  professioune,  and  willing  to  subscrybe  the  bande 
of  mantenance  of  the  lawes  and  libertyes  forsaide,  shall  be  in  any  wayes 
molested  in  ther  goodes  or  meanes,  nor  sustaine  any  praejudice  mor  then 
thes  who  have  subscrybed  the  Covenant." 

Et  sic  subscribitur,  "  Huntly,  Montrose,  Kingorne,  J.  Couper, 
J.  Erskyne." 

This  syncretisme  was  quickly  after  neglected,  by  reasone  of  the  chaunge 

of  the  face  of  affaires  ;  nor  did  the  givers  nor  the  receavers  therof  intende 

that  it  should  be  long  lastinge. 

Designs  of  XXV.   When  Huntly  came  to  Innerowrye,   he   perceaved  many  of  the 

Forbesses  and  principall  of  the  Forbesses  ther,  as  also  of  the   Frazers  and  others  ther, 

tahi  Huntly      ^^''^  whom  he  was  in  no  good  termes ;  and  suspecting  (as  afterwards  it  fell 

at  Inverury.     out)  that  they  would  doe  ther  best  against  him,   and  informe  Montrosse  as 

much  as  they  could  to  his  disadvauntage,  therfor,   to  obviate  ther  attempts 

that  waye,  he  sendes  Robert  Gordon  of  Strathloch  (who  had  been   one  of 

the  twelve  gentlemen  who  had  attended  the  conference  at  Lowesse,  and  had 

come  along  to    Innerowrye  with  Huntlye,)  with  a  secrett  commissione  to 


Ch.  XXV.]  HISTORY  OF  SCOTS  AFFAIRS.  233 

Montrosse,  bidding  tell  Montrose  from  him,  That  he  should  not  credite  all  A.  D.  16.39. 
the  inforraationes  that  the  Forbesses  and  Frazers  would  sug-gest  to  him  ; 
and  that  he  should  not  follow  such  councell  and  advyse  as  they  would  give 
Montrose  against  him,  specially  if  they  should  suggest  the  detentione  of  him  : 
For,  he  saide,  that  it  was  weall  knowne  that  thes  people  wer  his  enemyes,  and 
would  study  all  the  disadvauntages  against  him  that  they  could,  under  colour 
of  the  Covenant ;  and,  next,  if  they  should  offer  to  tacke  him  alonge,  they 
would  be  muche  deceaved  in  ther  expectatione,  for  it  would  be  founde  that 
the  countreye  would  not  be  so  qwyett,  nor  his  followers  so  peacable,  as  they 
imagind,  or  as  ther  informers  promisd  it  should  be.  The  laird  of  Strath- 
loch  failed  not  to  waite  for  ane  opportunitye  for  to  imparte  Huntlyes  mes- 
sage to  Montrosse,  which  he  did  privattly  to  Montrosse  in  his  tente.  Mon- 
trose answer  was.  That  it  was  probable  thes  people  bore  Huntly  no  good 
will,  and  that  he  knew  it  in  some  measure,  by  what  he  had  learnd  of  them- 
selves, to  be  trwe  ;  that,  for  his  pairte,  he  was  willinge  to  doe  for  Huntly 
all  the  good  offices  that  he  could,  and  should  faile  to  him  in  nothing  that  he 
had  promised :  Only,  he  said,  all  his  difficultye  was  in  this,  that  ther  bussi- 
nesse  was  transacted  by  votes,  and  by  a  comittye,  and  that  he  could  not  gett 
thinges  done  be  himselfe.  Strathloch  ansuered  him.  That  since  he  had  done 
a  pairte  be  himself  alreadye,  why  not  the  rest  ?  that  if  he  wer  as  willing  as 
he  promisd  (of  which  he  doubted  not),  that,  being  generall,  and  the  maine 
man  amongst  them  for  the  tyme,  if  he  stoode  to  his  poynte,  thoise  whom 
Huntly  took  for  his  enemyes  would  not  be  pressinge.  Montrose  replyd.  He 
should  doe  his  outmost  for  Huntlyes  satisfaction  ;  and,  with  this  ansuer, 
dissmissed  the  messenger.  Nor  failed  he  of  the  performance  of  his  pro- 
mise ;  for  that  night,  after  Huntly  had  subscrybed  the  paper  agreed  upon, 
Montrosse  was  content  that  he  should  returne  peacably  to  his  owne  house  ; 
which  he  did  accordingly,  not  without  the  great  miscontentment  of  thoise 
who  would  have  had  him  detained.* 

*  Apryle  eleventh,  Argylle  men  entred  Aberdeene,  having  qwartered  upon  and  plundered 
the  lairds  of"  Drumm  and  Pittfoddells  laundes. 

["  Upon  Thursday'  the  1 1  of  Aprile,  the  earle  of  Argyll's  hielandmen  (at  command  of 
generall  Montrose)  came  in  to  Aberdein  (from  out  of  the  bounds  of  Drum,  and  Pitfoddell's 
ground,  and  the  country  thereabout,  where  they  wanted  not  abundance  of  beasts,  mutton, 
and  good  fare,  for  little  pay,)  in  order  of  battel  1,  with  bagpipes  and  hieland  amies,  about 
500  men.  They  went  about  the  croce  in  rank,  and  being  viewed,  the  generall  commanded 
them  to  goe  to  their  lodgeings,  which  were  prepared  within  the  toune  for  them  ;  and  that 
they  should  do  no  wrong,  whilk  they  carefully  obeyed,  and  for  which  the  toune  gave  them 
500  merks  in  money,  when  they  removed  with  the  foot  army."  Spalding,  Hist,  of  Troub., 
vol.  i.  p.  118.] 

2  G 


234 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


A.  D.  1639. 

Montrose 
marches  back 
to  Aberdeen. 
Argyle  falls 
upon  Airly. 


Solemn  Com- 
mittee at 
Aberdeen ; 
[they]  send 
for  Hnntly. 


XXVI.  After  Huntlye  had  made  his  capitulatione  with  Montrose,  ther 
partye  marched  backe  agane  to  Aberdeene,  wher  they  made  no  longer  staye 
than  the  Earle  of  Argylle,  upon  the  heade  of  his  Argylle  regments,  did 
come  and  meete  them  ther.  Argylle  was  appoynted  to  marche  by  the  heights 
of  Angusse,  and  to  fynde  worke  to  the  Earle  of  Airly  and  his  freendes, 
least  they  should  offer  to  assiste  Huntlye.  He  (as  Airly  lyckwayes  was) 
getting  sure  notice  that  Huntly  had  left  the  feelds,  falls  upon  Airly  with  the 
greater  boldnesse,  who  alone  was  not  able  to  stande  his  ground  with  him ;  and, 
having  overrunne  the  Earle  of  Airlyes  boundes  and  plundered  his  men,  he 
was  not  forgettfull  for  to  demolish  Forthar,  ane  dwelling  belonging  to  the 
Lorde  Ogilvye  ;*  and  for  to  put  fyre  to  the  house  of  Airlye,  and  to  demolish 
it,t  upon  a  pretext  that  it  might  prove  disadvantageouse  to  the  Covenanters, 
by  reasone  of  its  scitwatione,  and,  therfor,  that  it  was  necessaire  that  it  should 
be  sleighted  :  but  it  was  consterd  as  done  upon  a  privatt  accompt,t  as  I  have 
told  befor.  In  this  acte  it  was  observed  generally  by  all  that  Argylle  was 
the  first  who  raised  fyre  in  Scottland,  by  burning  Airlyes  house ;  as  gene- 
rail  Lesly  had  first  begunne  plundering  at  Innerowrye. 

XXVII.  When  all  wermett  together  at  Aberdeene, §  ther  was  a  solemne 
coniittye  kept  for  some  dayes,  which  was  made  upp  both  of  southe  and  north 

•  Nota.  This  was  done  the  next  year,  1640,  or  only  one  house,  Forther  tackne.  [See 
below,  book  iv.,  ch.  cv.] 

t  In  which  worke  he  shewed  such  eagernesse  that  Argylle  himself  was  observed  for  to  have 
wrought  with  his  oune  handes  till  he  did  sweate,  knocking  downe  the  doore  postes  and  head 
stone  of  Airly  castell. 

}  Viz.  It  was  too  neer  the  Cambells  laundes  to  be  lettne  stande  ;  for  the  Ogilvyes  have 
laundes  upon  one  syde  of  Isla  river,  and  the  Cambells  upon  the  other  syde. 

Nota.  Argylle  was  so  violent  against  Ogilvy,  that  he  did  destroy  his  house,  and  expelld 
his  lady  (daughter  to  the  Lord  Banfe),  who  knew  not  what  way  to  goe.  Her  graund 
mother,  Dame  Mai-rian  Duglasse,  old  Lady  Drumme,  sent  to  Argylle,  and  demanded  licence 
of  him  for  to  tacke  in  her  grand  chyld,  the  Lady  Ogilvye,  to  ly  in  at  her  house  of  Kelly  ; 
but  the  Earle  of  Argylle,  though  ther  blood  freend,  did  forbid  it ;  so  that  the  Lady  Drumm, 
without  his  licence,  tooke  her  into  her  house  in  all  hazard. 

§  Lesly  returnd  to  Aberdeen,   Apryle  sixth.     [Spalding,  Hist  of  Troub.  vol.  i.,  p.  114.] 

Apryle  ninth,  Earl  of  Murrey,  Seafort,  Lovat,  Inis,  with  three  hundred,  come  to 
Aberdeen,  unto  Lesly,  and  stay  with  him  till  Apryle  thirteenth  ;  then  they  retume.  [Ibid. 
p.  116.] 

Apryle  twelfth,  generall  Lesly  marched  out  of  Aberdeen  southward,  compelling  the  town 
to  pay  "him  ten  thousand  merkes,  as  a  great  courtesy  to  them.     [Ibid.  pp.  118,  119.] 

Then  Kingorne,  governour,  stayd  some  whyle  behynd,  with  some  country  fellows  belong- 
ing to  Forbesse  and  to  Frazer.  He  seised  the  amies  of  the  toune,  and  restors  them  to  all 
who  subscrybe  the  Covenant;  the  lycke  he  does  in  the  Old  Toune;  then  he  inventares 
Huntlys  goods  in  Pittfoddells  house.     [Ibid.  p.  11-2.] 

Nota.  Kingorne  carryd  bothe  simply  and  insolently  in  his  goverment,  which  he  little 
knew  how  to  manage. 


Ch.  XXVIII.]  HISTORY  OF  SCOTS  AFFAIRS. 


235 


Covenanters,   of  whom  severall  of  note  had  come  to  Montrose,  as  farr  as    A.  D.  1639. 

from  the  farrest  partes  of  Murrey,  and  beyond  that  lyckwayes.     The  great 

matter  of  ther  debate  was  to  tacke  a  finalle  course  for   settlement   of  the 

northe.     And  because  it  could  not  be  wealle  eifectwate  without  the  advyce 

and  presence  of  Huntly,  as  they  pretended,  therfor  they  sent  Ollphant  to 

Huntly,  who  was  then  at  Straboggye,  desyring  him  against  a  sett  day  (being 

to  morrow  after  Ollphant  came  to  him),   for  to  come  to  Aberdeen,  for  the 

publicke  businesse,  wherin  they  were  to  proceede,  in  so  far  as  concerud  the 

northe,  by  his   Lordshipps  advyce.      Huntly,   who  was  fairly  gott  otF,  and 

smelled  the  matter  that  it  was  not  unlycke  that  his  unfreendes  had  sett  on 

foote  ther  former  designe  to  macke  him  prisoner,  sent  them  worde  that  he 

was  both  readye  and  willing  to  attend  them  any  whair,  upon  conditione  that 

they  should  not  macke  him  prisoner ;  (for  at  his  coming  to  Innerury,  he  had  so 

much  free  tyme  graunted  to  him  to  come  and  returne  back  to  his  owne  house, 

whither  he  agreed  with  the   Covenanters  or  not ;  and  it  was  upon  that  ac- 

compt  that  he  had  at  first  went  off,   though  Montrosse  shewed  himself  not 

unwilling  however  it  had  beene.) 

XXVIII.  Huntlyes  desyre   was  graunted,  and  ane  assurance  sent  him  Assurance 
under  the  chiefe  mens  handes  (specially    Montrosses),  that  he  shoulde  be  FOTbessesaml 
free  to  retwrne.     Therfor,  trusting  to  ther  second  assuraunce,  he  comes  to  Frasers  press 
Aberdeen,*  wher  he  had  not  lono:  stayed,  but  the   Forbesses  and  Frazers,  to  detain  him, 

'  n         J  jj[,j  particu- 

larly Fren- 

•  Nota  Bene.     When  Huntly  came  in  to  Aberdeen,  [on  the  tenth  of  April],  he  lodged  draught, 
in  Pittfoddells  house ;  wher,  by  generall  Leslys  directione,  his  lodging  was  gwarded  both 
at  the  forgate  and  posterne,  which   Huntlye  did  not  know  of  till  the  next  daye,  and  was 
much  troubled  at  it. 

The  pretext  of  tacking  him  southe  was  proposed  to  him  by  generall  Leslye  putting  him  to 
it  for  to  performe  some  articles,  as,  First,  That  he  would  contribute  with  them  for  the  expence 
of  the  warre.  Second,  That  he  would  obleidge  to  make  the  Highlands  peacable.  Third, 
That  he  would  bring  in  .lohn  Dow  and  James  Grant  prisoners,  etc.  This  he  did  refoose  to 
doe,  wherupon  Lesly  told  him  himself  must  then  goe  along  with  them  ;  but  befor  he  would  give 
them  an  ansuer,  he  desyred  to  restor  his  band  that  he  had  subscrybed  to,  etc.  Some  say 
that  Lesly  did  so,  and  so  the  agreement  being  discharged,  tooke  him  prisoner  ;  but  if  cer- 
tainly it  wer  restored,  I  cannot  aifirme  it. 

["  Upon  the  forsaid  10th  of  Aprile,  the  marquess  of  Huntlye,  with  his  two  sones,  the  lord 
Gordon,  and  the  lord  Aboyne,  came  frae  Strabogie  with  about  40  horse,  sore  against  his 
freinds'  will,  to  New  Aberdein,  and  lodged  in  the  laird  of  Pitfoddells'  house.  But  whether 
it  was  communed  upon  betuixt  him  and  generall  Montrose  at  their  conferences,  that  he  should 
come  into  the  toun  and  visite  him,  or  that  he  was  written  for  be  the  generall,  to  come  in,  I 
know  not  ;  but  it  was  most  constantly  reported,  he  would  not  have  come,  but  upon  the  ge- 
neral's letter.  Howsoever  it  was,  he  came  as  is  said  before.  Upon  the  morne,  being  Thurs- 
day, there  was  ane  council  holden  amongst  the  nobles,  barrons  and  others,  who  also  sent  for 
the  marquess,  who  came ;  and  after  some  consultations,  this  councill  dissolved  shortly,  and  the 
marquess  returned  to  his  own  lodgeing."     Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  117. 


236         ■  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  and  all  such  as  they  had  suggested,  fell  anew  to  presse  the  detaininge  of 
him.  And  heerin  none  shewed  himself  mor  violent  then  James  Creigh- 
tone,    laird  of  Frendrecht,   who   was    knowne   to  be  a  bitter  enemye    to 

"  Now,  orders  put  to  Aberdein,  the  foot  army  dispatched,  and  all  things  settled, 
the  generall  and  nobles  began  to  think,  how  to  captivate  and  treacherously  take  the 
marquess  of  Huntly  with  them  south,  as  doubtless  they  had  orders  so  to  doe  before 
they  came  north,  as  many  men  tliought.  Allwayes,  upon  this  same  Good  Fryday 
at  even,  the  generall  and  nobles  invited  the  marquess  and  his  two  sones  to  supper 
in  their  own  lodging  in  skipper  Anderson's  house,  where  they  supped  altogether,  and 
made  mirric.  After  supper,  they  travell  with  the  marquess,  (as  was  said,)  saying,  it  was 
good  to  him  to  quyte  his  lieutenandrie,  and  to  send  the  samen  back  againe  to  the  king ; 
shewing,  that  it  was  stopped  at  the  sealls,  and  therfore  none  would  give  obedience  to  the 
samen,  in  thir  dangerous  times  ;  as  also  to  wryte  to  his  majestic  favourablie  and  freindly  of 
the  covenanters,  as  his  good  and  loyall  subjects  ;  and  to  direct,  upon  the  raorne,  with  the 
laird  of  Clunie,  thir  letters  and  lieutenandrie  to  the  king.  The  marquess  understanding, 
that  his  lieutenandrie  was  not,  nor  could  be  gotten  throw  the  sealls,  as  they  said,  and  that 
the  samen  being  past  he  would  gett  litle  obedience  when  he  happened  to  have  adoe,  re- 
solved shortly  to  doe  as  they  desired,  because  he  had  pairtly  reason,  and  wrote  his  letters,  and 
in  their  presence  directed  the  laird  of  Cluny  the  samen  Friday  at  night,  to  take  joiu-ney  upon 
the  morne  being  Saturday,  towards  the  king.  Thus  all  being  ended,  the  marquess  with  his 
two  sones  took  their  leaves  frae  the  generall  and  nobles,  and  peaceably  came  over  to  Pitfod- 
dell's  house,  his  own  lodgeing,  and  presently  directed  ane  boy  to  go  to  Leggitsden  upon  the 
morne,  and  to  have  his  dinner  ready  ;  but  he  was  deceived.  The  lords  finding  the  marquess 
most  noblie  to  yield  to  their  desyres,  which  they  never  thought  he  would  doe,  looking  u])on 
ane  refuiseall  to  have  made  ane  ground  and  quarell  to  have  taken  him  south,  resolved  upon  ane 
other  course  to  draw  him  under  wrak,  which  with  reasone  they  could  nowayes  bring  to  pass. 
And  first,  (the  marquess  haveing  mind  of  no  evill)  the  generall  causes  sett  straitt  watches  at 
the  tbir  and  back  yeitts  of  his  lodgeing,  and  at  the  stable  doors  where  his  horses  stood,  with 
muskatteirs,  to  the  end  the  marquess  might  not  ryde,  (as  he  intended,)  upon  the  morne, 
home  to  Strathboggie ;   whereof  the  marquess  had  no  knowledge,  whyle  upon  the  morne. 

"  Allwayes,  the  generall  and  the  nobles,  ujjon  Saturday  the  13th  of  Aprile  in  the  morn- 
ing, sent  in  two  noblemen  to  the  marquess'  lodgeing,  desireing  him  with  his  two  sones  to 
come  into  the  earle  Marshall's  hou?e  and  speak  with  the  generall.  The  marquess  won- 
dering at  the  watching  of  his  lodgeing,  and  now  sending  for  him  after  he  had  taken  his 
leave  in  a  freindly  forme  the  night  before  from  them,  and  told  he  was  to  ryde  home  upon  the 
morne,  as  1  have  saide ;  allwayes,  he  with  his  two  sones  goes  into  the  earle  Marishall's 
lodgeing,  meitts  with  the  generall,  and,  after  freindly  salutations,  the  generall  begins  to 
make  up  a  new  ground  of  ane  quarrell,  and  sayes  to  the  marquess,  '  My  lord,  I  would 
desire  you  to  contribute  to  pay  William  Dick  200,000  merks,  which  is  borrowed  frae  him 
for  lifting  of  this  army  to  come  north.'  The  marquess  answered,  he  was  not  obleidged  to 
l)ay  any  part  thereof,  because  it  was  borrowed,  waiied  and  employed  but  his  advyce  or 
consent,  and  that  he  had  spent  as  meikle  in  this  bussienes  for  his  own  part,  as  any  nobleman 
in  the  land  had  done,  out  of  his  own  purse.  2do,  He  desyred  him  to  take  James  Grant, 
John  Dugar,  and  their  accomplices,  rebells,  bloodshedders  and  murtherers,  and  great 
troublers  and  oppressors  of  the  covmtrey  people.  The  marquess  answered,  he  bore  no 
publict  office  nor  had  commission  to  that  eil'ect ;  whilk  albeit  he  had,  James  Grant  had 
gotten  the  king's  remission,  and  so  could  not  take  him  ;  and  as  for  John  Uugar,  he  would 
concurr  with  the  rest  of  the  countiie  to  take  him,  as  he  was  employed.  3tio,  He  desired 
the  marquess  to  agrie  with  the  laird  of  Frendraught,  and  take  him  by  the  hand  ;  because 
the  Covenant  admitted  of  no  hatred  nor  feid  to  stand  unreconceiled.  He  answered,  what 
he  had  subscrived  to  the  generall  on  no  wajes  obleidged   him  to  take  Frendraught  be  the 


Cu.  XXIX.]  HISTORY  OF  SCOTS  AFFAIRS.  "         237 

Huntlyes  familye,  and  most  of  his  surname  ;  the  cause  of  which  enimitye   I    A.  D.  1639. 
gave  accounte  of  in  the  first  booke,  to  which  I  doe  referre  the  reader. 

XXIX.   Whither  Montrose  was  content  to  be  overborne  by  votes,   that  Montrose  al- 
so it  might  be  his  greater  glorye  to  leade  Huntly  to  Edinburgh  as  a  trophee  lows  himself  to 
of  his  conquest,  or  if  indeed  Montrosse  wer  overpowred  and  constrained  Himtly  carried 
for  to  yeeld  to  the  clamors  of  the  northerne   Covenanters  (who  had  drawue  '«  Edinburgh ; 
the  south  country  men  ther  waye,)  it  is  uncertaine  :  But,  however,  it  was  sentell  Mon- 
concluded  that  Huntly  must  goe  alonge  with  them  to  Edinburghe,  under  a  trose's  behavi- 
gwarde,    though  not   disarmed  or  a  prisoner ;   which  was  accordingly  per- 
formed.    So  Montrosse  and  his  pairty,  within  lesse  than  a  fourtnight  after 
ther  comming,  marched  southwards  againe,  establishing  a  comittye  of  the 
Forbesses  and   Frazers,   and  ther  associats,  for  to  gwarde   the  countrey, 
which   they   easily  undertooke,   Huntly  being  now   out  of  the   waye ;  who 

hand,  nor  would  he  take  him  be  the  hand  upon  no  condition.  The  generall  haveing  used 
and  proponed  thir  frivolous  petitions  and  demands,  and  getting  such  reasonable  answers  as 
he  could  not  weill  eschew,  he  then  broke  up  the  thing  he  most  earnestly  would  have  bein 
at,  (which  was  the  marquess  himselfe),  and  changeing  his  purpose,  sayes,  '  My  lord,  seeing 
we  are  all  now  freinds,  will  ye  goe  south  to  Edinburgh  with  us  ?'  He  answered,  he  was  not 
of  such  mind,  nor  was  he  prepaired  to  goe  south  at  this  tyme,  because  he  was  goeing  home 
to  Strathbogie.  The  general  said,  '  Your  lordshipp  will  do  weill  to  go  with  us.'  The 
marquess  seeing  his  purpose,  answered  quickly,  '  My  lord,  I  came  here  to  this  toune  upon 
assureance  that  I  should  come  and  goe  at  my  own  pleasure  but  molestation  or  inquietation ; 
and  now  I  see  by  condition  my  lodgeing  was  guarded,  that  I  could  not  come  out  nor  in,  and 
now,  by  my  expectation,  ye  would  take  myselfe  (who  is  here,  and  bidden  here  with  your 
lordship  in  quiet  maner,  mirrie  and  glaid,)  and  carrie  me  to  Edinburgh,  whither  I  would  or 
not ;  this  in  my  sight  seims  not  fair  nor  honourable.'  AUwayes,  sayes  he,  '  my  lord,  give 
me  my  bond  whilk  I  gave  you  at  Inverurie,  and  ye  shall  have  ane  answer.'  Whilk  the 
generall  obeyed,  and  delivered  to  the  marquess.  Then  he  said,  '  whither  will  ye  take  me 
with  vow  south  as  ane  captive,  or  willingly  of  my  own  mind  ?'  The  generall  answered, 
'  Make  your  choice.'  Then  said  he,  '  I  will  not  goe  as  ane  captive,  but  as  ane  volunteir.' 
Whereupon  he  comes  to  the  door,  and  haistiely  goes  to  his  own  lodgeing,  where  he  finds 
the  samen  straitly  guairded  with  musketeirs.  AUwayes  he  goes  in  and  sitts  down  to  break- 
fast, sends  post  after  the  laird  of  Cluny  to  stay  his  journey,  as  ye  have  heard,  so  that  he 
went  no  farder  nor  Edinburgh.  Some  of  the  marquess'  freinds  thought  hardly  of  his  goeing 
south,  without  some  hostage  left  behind  for  his  saife  returne,  but  the  generall  being  spoken 
to  refuised  to  grant  any  hostage.  Thus,  is  this  great  and  mightie  marquess,  great  and 
egregious  earle,  lord  lieutennent  of  the  north  be  his  majestie's  authoritie,  a  man  of  singular 
spirit  and  courage,  of  great  freindship,  and  faire  commandment,  brought  under  thir  straittes 
and  hard  conditiones  by  his  neighbour  subjects  for  being  ane  loyall  subject  to  his  master  the 
king  ;  which  otherwayes  I  hope  they  durst  not  have  hazard  to  enterpryse  be  their  own 
strength  and  following  in  thir  quarters.  AUwayes  he  was  first  forced  to  tryst  and  give  his 
bond  at  Inverurie,  then  intysed  to  come  quietly  to  Aberdein,  his  lodgeing  guarded,  himselfe 
under  trust  taken,  as  ye  have  heard.  All  this  he  was  driven  to  suffer,  and  behold  most 
patiently,  for  the  love  he  carried  to  the  king  his  master,  his  kine  and  freinds.  Cheifly  his 
dear  childrein  were  greivously  oflended  thereat,  to  see  him  taken  frae  his  freinds,  and  had 
to  Edinburgh  amongst  his  enemies,  who  never  liked  his  house  nor  standing.  What  should 
moieT— Ibid.  pp.  119— 1-2-2.] 


238  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  went  to  Edinburgh  foote  for  foote  with  Montrose,  accompanyd  with  his  two 
eldest  sonnes,  Georg  Lord  Gordon  and  James  Viscount  of  Obyne,*  who 
voluntarly  went  along  with  ther  father.  His  third  sonne,  Lord  Ludovicke 
Gordone,  being  but  a  young  boye,  at  scoole  in  Boige,  with  his  graund 
mother  ;  the  other  two,  Lord  Charles  and  Harye,  young  childeren,  the  last 
of  the  two  in  Fraunce,  wher  he  was  borne ;  so  none  of  the  three  wer  in 
capacitye  to  be  tackne  notice  of. 

True  it  is  that  for  that  tyme  that  Huntly,  contrare  to  paroUe,  was  made 
prisoner  (for  I  can  give  it  no  better  name),  few  or   none  of  the    Cove- 
nanters recented  that  dealing,  but  rather  allowed  it  ;    yet   it  did   availe 
them  nothing  who  wer  the  mane  abettors  therof,  being  exposed  to  greater 
affi'ontes  by  his  followers  immediatly  therafter   (as  we   shall  tell),  then   if 
he  had  stayd  at  home,  who  would  have  undoubtedly,  acordinge  to  assur- 
aunce  givne,  kept  in  his  followers.     And  for   Montrosse  going  along  with 
that  actione,  it  is  most  certane,  to  the   best  of  my  knowledge  (for  I  wrytte 
this  knowingly),  that  it  bredde  such  a  distaste  in  Huntly  against  Montrosse, 
that  afterwardes  when   Montrosse  fell  oif  to  the  Kinge,  and  forsooke  the 
Covenanters,  and  was  glade  to  gett  the  assistaunce  of  Huntly  and  his  fol- 
lowers, the  Marquesse  of  Huntly  could  never  be  gained  to  joyne  cordially 
with  him,  nor  to  swallow  that  indignitye.     This  bred  jarres  betwixt  them 
in  the  carrying  on  of  the  warre,  and  that  which  was  pleasing  to  the  one  was 
seldome  pleasing  to  the  other ;   whence  it  came  to  passe  that  such  as  wer 
aeqwally  enemyes  to  bothe  (who  knew  it  weall  eneuch),  wer  secured,  and  in 
ende  prevailed  so  farr  as  to  ruinate  and  destroye  both  of  them,  and  the 
Kinge  by  a  consequent. 
Huntly  com-         XXX.   When  Huntly  came  to  Edinburgh,  he  was  comitted  to  the  castell 
'"'S     f^Ed'^    °^  Edinburgh  prisoner,  but  very  honorably  used.     His  eldest  sonne  did  stay 
burgh.    His     with  his  father  willingly,  to  beare  him  company  ;  but  his  second  sonne,  the 
'ak""   *°"i       Viscount  of  Aboyne,  after  a  short  staye,t  by  the  advyce  of  his  fi'eendes, 
lowed  to  re-     craved  licence  of  his  father  to  be  gone,  which  could  not  be  refoosed  by 
turn;  goes  to    j^g  Covenanters,  who  gladly  would  have  kept  him  too.    Therfor,  upon  pre- 
of  Huntly's      texte  of  dispatching  his  fathers  private  bussinesse,  he  shiftes  for  himself,  as 
daughters         little  fancying  a  voluntare  imprisonement,   which  he  was  not  resolved  to 
betake  himself  too,  if  he  could  otherwayes  choose  ;  and  befor  he  rested 

*  Nota.     James  Viscount  of  Aboyne  was  sent  backe  from  Aberdeen   to  Strabogye,  by 
his  father.     [Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  122.] 

t  At  Aberdeene,  not  Edinburgh. 


Ch.   XXX.]  HISTORY  OF  SCOTS  AFFAIRS.  239 

much  he  gott  be  sea  to  Bervicke,  wher  we  shall  lett  him  rest  for  some  few     A.  D.  1639. 
dayes. 

The  Marquesse  of  Huntly,  when  he  came  over  to  Edinburgh,  befor  his 
being  comitted  to  prisone  into  the  castell,  was  much  soUicited  by  the  pryme 
Covenanters  for  to  subscrybe  the  Covenant  and  come  over  to  ther  syde ; 
and  very  honorable  tearmes  wer  offered  to  him.  But  he  gave  them  a  resolute 
ansuer  negativly,  which  I  have  heer  inserte,  tackne  off  of  the  printe  coppye, 
as  himself  caused  afterwards  publishe  it,  with  this  title  of  The  Marquesse  of 
Huntlye  his  Replye  to  Certaine  Noblemen.(U  It  is  dated  Apryle  twen-  April  20. 
tieth  : 

"  To  be  your  prisoner  is  by  much  the  lesse  displeasing  to  mee,  that  my 
accusatione  is  for  nothing  else  but  loyaltye,  and  that  I  have  been  brought 
into  this  estate  by  such  unfaire  meanes,  as  can  never  be  made  to  appeare 
honorable  in  thoise  who  used  them. 

"  Wheras  yow  offer  liberty  upon  conditione  of  my  entring  into  your  Co- 
venant, I  am  not  so  badd  a  merchant  as  to  buye  it  with  the  losse  of  ray  con- 
science, fidelitye,  and  honour ;  which,  in  so  doinge,  I  should  account  to  be 
wholly  perisht. 

"  I  have  already  givne  my  faith  to  my  prince,  upon  whoise  heade  this 
crowne,  by  all  law  of  nature  and  nationes,  is  justly  fallne  ;  and  will  not  fal- 
sifie  that  faith,  by  joyning  with  any  in  a  praetence  of  relligione,  which  my 
awne  judgement  cannot  excuse  from  rebelHone ;  for  it  is  weall  knowne,  that 
in  the  primitive  churche,  no  armes  wer  held  laufull,  being  lifted  by  subjectes 
against  ther  laufull  prince,  though  the  whole  frame  of  Christianitye  was  then 
in  questione. 

"  Wheras  yow  would  encouradge  me  to  bee  a  partacker  with  yow,  by 
your  hopes  of  supply  from  Fraunce  and  other  forreigne  nationes,  together 
with  vour  so  good  intelligence  in  Englande,  as  that  no  dainger  will  come 
from  thence,  lett  me  tell  yow  that,  in  my  opinion,  thes  reasons  are  but  vaine  ; 
the  Frenshe  being  now  mor  strickly  tyed  then  befor,  to  upholde  the  autho- 
ritye  of  our  [sacred]  soveraigne,  [by  a  new  cemented  league  of  marriage,] 
wherby  ther  interest  in  his  majestyes  progenyewill  overballance  yow,  though 

(1)  [Spalding  gives  the  title  at  length  ;  The  marquess  of  Huntly 's  Reply  to  certaine  noble- 
men, gentlemen,  and  ministers,  covenanters  of  Scotland,  sent  from  their  associates  to  signifie 
to  him,  that  it  behoved  him  either  to  assist  their  designes,  or  be  carried  to  prison  in  the 
castle  of  Edinburgh;  the  iOth  of  Aprill  1639.  Now  published,  because  of  a  false  copie 
thereof  lately  printed  without  authoritie  or  his  own  consent.  London,  printed  by  Robert 
Young,  his  majestie's  printer  for  Scotland,  1640.] 


240 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Answer  to  the 
King's  Mani- 
festo, which 
was  dated 
twenty- 
seventh  Fe- 
bruary. 
Aprylp  1. 


your  cause  wer  better.  Other  forraigners  are  meerly  unable  by  ther  aune 
dislractiones,  and  the  Englishe  have  ever  been  strong  eneuch  for  us,  when 
only  ther  owne  King,  and  not  ours  too,  did  leade  them. 

"  For  my  oune  pairt,  I  am  in  your  power ;  and  resolved  not  to  leave  that 
foule  title  of  traitor  as  ane  inheritance  upon  my  posteritye.  Yow  may  tacke 
my  heade  from  my  shoulders,  but  not  my  heart  from  my  soveraigne." 

Upon  this  ansuer,  the  Tables  thought  it  was  to  no  pourpose  for  to  soUicite 
Huntly  any  mor  ;  therfor  they  commanded  to  incarcerate  him  into  the  castell 
of  Edinburgh,  whence  we  are  not  to  expect  him  out  agane  at  libertye  till 
the  pacificatione  of  Bervicke  be  past.  We  shall  leave  him,  therfor,  a  whyle, 
and  give  leisour  to  the  Lord  Seaton,  eldest  sonne  to  the  Earle  of  Wenton, 
and  the  Earle  of  Hadingtoune,  for  to  suite  his  second  and  third  daughters, 
the  ladyes  Henriett  and  Jane  Gordones,  whom  not  long  after  they  marryde. 

XXXI.  The  Covenanters  now  having  settled  the  north,  and  gottne 
Huntly  into  ther  power,  beganne  to  thinke  how  to  beare  upp  the  King,  who 
by  this  tyme  was  at  Yorke.  But,  befor  all  thinges,  they  resolve  for  to  keepe 
England  in  a  good  conceite  of  them  and  ther  actinges ;  and  because  the 
Kinge  had  caused  publish  and  proclaime  a  Declaratione  against  them  and 
ther  actinges,  which  was  dated  February  twenty-seventh  (the  contents  wherof 
I  have  already  mentioned),  which  was  readde  in  all  parosh  churches  in  Eng- 
lande :  Therfor  they  founde  it  necessarye  for  to  publish  and  disperse  through 
England  ane  ansuer  to  the  forsaide  manifesto  ;  wherin  they  stryve  to  vindi- 
cate themselves  and  ther  actiones  from  all  the  ill  constructione  that  the  King 
did  putt  upon  them,  as  also  to  ansuer  all  his  objectiones.  This  apologye  of 
thers  was,  for  substaunce,  as  followethe  :0) 

They  affirme,  in  ther  preface.  That  they  suppose  the  Lord  is  about  some 
greate  worke,  because  the  cupp  that  has  been  filled  to  other  reformed 
churches  is  now  putt  into  ther  hande  :  That  albeit  they  had  used  all  meanes 
for  to  informe  the  King,  and  supplicate  to  him,  yet  that,  by  ther  enemyes 
meanes,  his  eares  wer  still  closed,  specially  by  the  prelatts,  who  wer  attempt- 
ing to  fish  in  troubled  waters :  That  the  Kinges  warath  was  increasing,  they 
saye,  it  is  manifest  by  his  declaratione  February  twenty-seventh  :  That,  how- 
beit,  they  wer  confident  that  the  gates  of  hell  should  not  prevaile  against  ther 
cause.  Yet  they  wer  sorry  to  be  aspersed  and  lye  under  them,  or  then  for  to 
appeare,  in  contradictory  termes  to  thes  proclamationes,  as  ther  adversaryes 


(I)  [Historia  Motuum,  pp.  332— 350.] 


Ch.  XXXI.]  HISTORY  OF  SCOTS  AFFAIRS. 


241 


doe  lybeU,  and  prevaile  with  the  King  to  send  out  against  them.    That  albeit  A.  D.  1639. 
all  that  is  said  be  ansuered  befor  by  them,  yet,  least   Gods  cause  and  ther 
innocencye  should  bee  woronged  by  ther  silence,  they  are  therfor  necessitate 
for  to  answer,  once  mor,  in  few  wordes,   that  which  formerly  is  wryttne  at 
large. 

First,  For  the  title  directed  to  the  loving  subjectes  of  England,  they  are 
wilhng  that  all  English  subjectes  be  rightly  informed ;  but  are  sorry  that 
any  should  be  thought  mor  loving  or  loyall  then  themselves.  Second,  That 
wheras  it  chargeth  them  "  as  seekers  to  overthrow  his  niajestyes  power  by 
seditiouse  practises,  under  pretence  of  relligione,"  they  ansuer.  That  none  of 
ther  actiones  is  mor  charged  with  seditione  then  ther  Covenant ;  wherein 
they  are  so  farre  from  overturning  regall  authoritye,  that  in  it  they  attest 
God  that  they  have  not  the  least  intentione  or  desyre  to  attempt  any  thing 
that  might  turne  to  the  diminutione  of  the  Kings  greatnesse  and  authoritye. 
That  they  could  not  suspect  that  rejecting  of  episcopacye  and  Service  Booke 
wer  the  overturning  of  regall  power,  whoise  pillars  are  relligione  and 
righteousnesse,  which  they  shall  stryve  to  support  as  they  have  sworne  to 
doe.  They  complaine  upon  the  epithetts  givne  to  them,  and  ther  practises 
of  "  seditiouse,  tumultouse,  froward,  perverse,  traiterouse,  doers  of  the  devUl 
his  workes,  as  treasones  and  rebellions,  hostile  preparationes  to  invade  Eng- 
lande,  daring  insolencyes  to  macke  whole  ther  brockne  fortunes,  brainesicke 
distempers,  traitorously  affected  persones,  turbulent  spiritts  " :  To  all  this  they 
ansuer  with  the  wordes  of  2  Samuel  svi.  12,  et  Matthew  v.  II ;  and  that  thes 
railing  accusationes  proceed  from  the  raging  prelatts.  Yet  shall  it  not  macke 
them,  in  one  worde,  reflecte  on  the  Kings  majestye.  That  they  have  insert 
the  image  of  the  hierarchye  into  the  Kings  pourtraicte,  that  such  as  doe 
reverence  to  the  one  may  be  forced  to  doe  the  lycke  to  the  other  ;  yet  that 
they  can  distinguish  betwixt  honoring  the  King  and  the  prelatts.  That  the 
prelatts  evLll  langwage  speackes  neither  against  them  nor  ther  cause  :  that 
the  prelatts  stryve  to  engadge  the  King  irrevocably,  but  shall  be  mistackne ; 
for  they  trust  the  King  will  never  doe  so  ;  that  he  is  mor  then  a  common 
parent,  and  if  he  turne  pairty,  by  unaeqwall  weight  the  passengers  and 
such  a  one  as  sittes  at  the  helme  should  both  be  drownd ;  which  the  prelatts 
rather  choose  then  that  themselves  should  be  the  Jonas  to  be  cast  into  the 
sea.  That  the  maxima  is  olde  which  theye  follow,  When  we  are  deade,  lett 
the  earth  be  burnt  up  with  fyre.* 

•  E^si;  Sa»o>T»s  yat/"*  /ii^^uu  tn/^i.     Suetonius  in  vita  Neronis. 


242 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 


That  they  are  glade  in  the  narrative  that  ther  actiones  ar  judged,  and  by 
them  ther  intentiones.  Ther  actiones  they  justifie,  First,  To  be  full  of 
long  suffering  of  the  prelatts  insolencyes  over  church,  state,  relligione  and 
worshipp,  and  lawes  and  judicatory es.  Second,  By  ther  peacable  proceed- 
inges  ever  since  they  beganne  to  appeare  in  publicke  against  the  Service 
Booke,  though  imposed  by  way  of  horning  by  the  prelatts,  which  was  op- 
posed only  by  supplicationes.  Third,  By  ther  entring  in  Covenant  with 
God,  when  they  founde  ther  supplicationes  gett  no  ansuer  but  terrible  pro- 
clamationes,  which  they  cleared  against  all  objectiones.  Fourth,  When  they 
were  commanded  to  ryse  at  the  assembly  of  Glasgow,  they  choosed  that 
pairt  which  is  most  warranted  by  Chryste,  and  agreable  to  the  Kings  will, 
formerly  manifested ;  had  done  nothing  but  supplicated  the  King,  and  being 
threatnd  with  armyes,  had  studyd  only  upon  ther  owne  necessair  defence, 
without  intentiones  to  invade  any  man. 

To  the  particular  evidences  of  ther  traiterouse  intentiones,  exprest  in  the 
proclamatione,  which  are  instanced,  Jirst,  to  be  "  multitudes  of  infamouse 
lybells,  stuifed  full  of  calumneys,  against  the  Kings  authoritye,"  they  an- 
suer. That  ther  straine  is  contrarye,  and  they  desyre  that  any  such  should  be 
instanced. 

To  the  second,  of  letters  sent  to  privatt  persons  and  private  meetings  in 
London,  they  ansuer.  That  they  deney  any  such  thing  by  them  to  be  done ;  if 
others,  under  ther  name,  publish  thinges  which  they  never  saw,  they  thinke 
that  the  best  way  to  suppresse  them  is  to  neglecte  them. 

To  the  third,  viz.  ther  publicke  contemning  and  neglecting  his  majestyes 
commandes,  they  answer,  Ther  protestationes  against  unjust  commandes  are 
faire  and  legall,  not  moutinouse ;  and  at  some  tymes,  for  preservatione  of 
right,  unavoydable. 

To  the  fourth,  that  no  Covenant  or  band  is  warrantable,  without  civill 
authoritye,  That  they  have  wryttne  so  much  for  ther  vindication  therin  al- 
ready, that  they  hope  all  men  except  the  prelatts  are  satisfeed. 

To  the  objectione,  that  they  rejected  the  Covenant  commanded  by 
authoritye,  they  answer  by  referring  all  men  to  ther  print  protestatione, 
September  twenty-second  et  December  eighteenth,  and  to  ther  actes  of 
Assemblye. 

To  the  third,  that  ther  Covenant  is  a  conspiracye  against  the  King,  etc. 
they  answer,  It  is  a  blasphemy,  which  they  are  sure  neither  the  King  nor  any 
fearing  God  will  be  accessory  too  ;  and  that  it  is  ane  evidence  that  they  are 


Ch.  XXXI.]  HISTORY  OF  SCOTS  AFFAIRS.  243 

not  doing  the  workes  of  the  devill  may  appeare,   because  God  has  givne  a   A.  D.  1639. 

testimony  from  heaven  unto  ther  actings  against  the  prelatts.  

To  the  objectioune,  that  they  intende  to  invade  Englande,  they  answer, 
That  ther  late  declaratione  may  satisfee  any  man  therin  ;  and  that  it  will 
prove  nothing  to  saye  "  that  the  cheefest  amongst  them  are  men  of  brockne 
fortunes  and  unqwyett  spiritts,"  since  it  is  knowne  that  the  cheefest  have 
wealth  answerable  to  the  conditione  of  ther  natione,  and  that  all  others  are 
content  with  with  ther  owne  estates ;  and  that,  on  the  contrary,  it  is 
knowne  that  the  chiefest  (setting  asyde  some  few  states  men  and  such  as 
draw  ther  breath  from  courte)  are  either  atheistes,  papistes,  or  drownd  in 
debte,  and  under  captiones  for  debtte  ;  and  are  devyding  the  laundes  of 
others  in  ther  owne  fancye. 

Furder,  they  say,  That  ther  innocencye  is  cleared  by  the  councells  letter, 
which  they  are  informed  was,  with  ther  supplicatione,  exhibited  to  the 
councell  of  England,  February  twenty-second  et  twenty-eighth,  with  ther 
supplicatione  ;  which  the  councell  of  England  had  so  farr  tackne  to  heart  as 
to  joyne  ther  supplicatione  therwith  to  the  King,  requesting  him  not  easily 
to  be  moved  for  to  thinke  upon  harder  courses  against  his  ancient  native 
kyngdome,  but  to  thinke  how  to  settle  them  without  force  of  armes. 

To  the  dismissing  of  the  printer,  they  ansuer  by  deneying  it  to  be  true  ; 
and  for  inhibiting  to  print  without  ther  warrant,  they  ansuer,  They  forbidd 
only,  without  warrant  of  the  churche,  to  printe  thinges  that  concerne  the 
kirke,  which,  they  say,  is  no  new  practise. 

To  ther  raising  arrayes,  and  beseeging  and  blocking  up  the  Kings  cas- 
tells,  they  ansuer  by  referring  to  ther  protestatione,  December  eighteenth. 

To  the  challendge,  that  they  affirmed  that  the  conducte  of  the  Kinges 
army  was  in  the  handes  of  papistes,  they  ansuer.  They  wer  informed  it  was 
so  ;  and  why  should  not  designes  smelling  of  Rome  and  poprye  be  borne  upp 
by  papistes  ? 

To  the  second,  that  some  in  power  in  the  churche  of  England  have  beene 
the  cause  of  tacking  upp  armes  against  them,  they  ansuer.  They  wUl  verifye 
it  by  wrytte,  and  by  depositione  of  the  pryme  statesmen  and  councellors, 
against  Canterbury  by  name,  that  he  did  negotiate  with  Rome  about  the 
frame  of  our  Service  Booke,  and  with  his  owne  hand  did  alter  and  interline- 
at  that  booke,  tending  to  conformitye  with  Rome ;  and  that  his  reprinted 
Conference  with  Fisher  will  not  vindicate  him.  Therfor  they  attest  all  true 
patriotts  to  supplicate  the  King  for  a  parliament,  that  such  a  mystery  of 


244  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  iriiqwitye  may  be  fully  detected,  which  tended  to  the  envolving  of  two 
kyngdoms  in  a  warre,  and  building  upp  of  Rome. 

To  that  objectione  that  the  lawes  are  oppressed,  and  subjects  dare  not 
acte  as  judges,  they  ansuer,  That  the  pryme  judges  may  remember  how 
oftne  justice  was  refoosed  to  them  be  way  of  missives  sent  to  the  judges,  for 
feare  to  offende  ;  that  horning,  conforme  to  actes  of  parliament,  was  denyde 
to  them  against  the  excommunicate  prelatts,  by  reason  of  the  Kings  letter, 
March  second,  prohibiting  to  graunte :  Which  shewes  that  the  judges  are  for 
them,  but  not  awed  by  them. 

To  the  objectione  that  some  of  them  refoose  the  oath  of  alledgance  and 
supremacye,  etc.  they  answer.  They  know  not  who  is  tackne  in  Wales,  but 
it  would  seem  ther  is  ane  hotte  inqwisitione  ther.  Yet  for  themselves,  albeit 
ther  be  a  difference  betuixt  the  oathe  of  alledgeance  and  supremacye,  and 
that  they  cannot  tacke  the  oath  of  supremacy,  as  it  is  extended  and  glossed 
by  the  prelatts  flatteryes,  yet  they  render  all  to  the  King  that  sownde  re- 
formed divynes  doe. 

To  that  which  is  affirmed  that  the  Service  Booke  was  not  for  innova- 
tione  but  for  conformitye,  they  replye,  They  are  urged  to  conforme  with 
other  kyngdoms,  as  if  they  had  not  ane  established  worshipp  of  ther  owne, 
but  wer  tabula  rasa. 

[To]  that  assertione  that  tacking  away  episcopacye  would  destroy  the  third 
estate  of  parliament,  they  reply,  Ther  is  no  acte  for  it.  Secondly,  Parlia^ 
ments  may  bee  and  are  complete  without  such  ane  excrescens. 

And  if  ther  Covenant  must  not  be  endured,  because  the  King  will  not 
consent,  albeit  it  be  with  God,  then  Covenanters  must  either  renounce  God 
or  be  punishdlycke  rebells  and  traitors. 

To  i\\e:  fourth,  that  the  questione  is  if  the  King  shall  be  King  or  not,  and 
the _/iftk,  that  the  King  is  forced  to  tacke  armes  to  lett  them  see  that  he  must 
both  establish  his  kingly  authoritye,  and  endure  no  such  Covenant  as  thers  wes, 
they  answer.  That  in  this  case  they  are  to  resolve  if  they  will  lye  under  foule 
aspersiones;  recall  Service  Booke  and  prelatts ;  opne  a  door  for  poperye  ; 
hinder  the  queens  conversione,  etc.  ;  interrupt  the  marche  of  the  Lord  of 
Hostes  upon  the  earth';  wrest  his  displeyd  banner  out  of  his  handes;  pull  the 
N.  B.  crowne  from  the  heade  of  Chryst  ther  judge;  resiste  the  Holy  Gohste;  pull 
downe  the  goldne  candlesticke  ;  bring  all  the  plagues  of  the  booke  of  God 
upon  them  ;  rather  then  defende  themselves  against  armed  violence  and  un- 
just invasione.     Therfor,  to  the  queree  of  the  proclamatione,  "  What  will 


Ch.   XXXI.]  HISTORY  OF  SCOTS  AFFAIRS.  245 

we  defende  ?"  they  ansuer,  Ther  relligione,  libertys,  and  lives.  To  the  second   A.  D.  1639. 

querie,  "  Against  whom  we  will  defende  it  ?"  they  ansuer,  That  they  distin-       

guishe,  First,  betwixt  a  King  resident  in  his  kyngdome,  and  rightly  informed ; 
and  a  King  distant  in  another  kyngdome,  hearing  only  one  pairtye,  and  mis- 
informed by  ther  adversaryes.  Second,  betwixt  a  King,  as  King,  proceed- 
ing acording  to  law  against  rebells ;  and  a  King,  as  a  man,  coming  from  his 
throne  (at  the  foote  whairof  the  humble  supplicationes  of  his  subjectes  lyes 
unansuered),  and  marching  furiously  against  his  humble  and  weall  meaninge 
people.  Third,  betwixt  a  King,  a  straunger  to  relligione,  and  tyed  no 
furder  but  acording  to  his  owne  pleasure  ;  and  a  King,  professing  the  same 
relligione  with  his  subjectes,  and  obleidged,  by  his  fathers  deede,  and  by  his 
oune  oathe,  to  defende  his  subjectes,  ther  lawes,  libertyes,  relligione,  etc. 

Next,  they  distinguish  betwixt  some  few  privatte  persones  tacking  armes  N.  B. 
for  resistaunce ;  and  the  whole  body  of  the  kyngdome  (except  some  courteours 
statesmen,  papistes,  or  popishly  aifected,  and  ther  adherents),  standing  to 
ther  owne  defence.  Second,  betwixt  subjects  rysing  and  standing  out 
against  law  and  reasone,  intending  to  shacke  off  the  yoke  of  obedience ;  and 
a  people  holding  fast  ther  alledgiance,  in  all  humilitye  supplicating  for  rel- 
ligione and  justice.  Third,  betwixt  a  people  labouring,  by  armes,  to  intro- 
duce novationes  in  relligione,  contrary  to  lawes  :  and  a  people  seeking  to  have 
relligione  ratifyd  against  all  novationes,  as  it  has  been  sworne  by  King  and 
people.  Fourth,  betwixt  a  people  pleading  for  ther  oune  fancyes  and  fool- 
ryes  ;  and  a  people  suspending  ther  judgement  in  thinges  conti-overted,  till 
they  be  determined  in  a  free  Assemblye,  and  therafter  standing  to  the  As- 
semblyes  determinatione. 

And  then  they  apply  the  distinctiones  to  ther  owne  advauntage,  by 
shewing  that  this  is  ther  present  case,  whairin  they  are  warranted  to  be  de- 
fensive evne  by  thoise  who  pleade  most  contra  monarchomachos ;  that, 
finally,  mutwall  contracte  betuixt  King  and  people,  at  his  coronatione,  does 
warrant  them. 

Then  they  desyre  the  Englishes  not  to  be  hasty  to  beleeve  all  that  is  saide 
against  them  ;  nor  ready  to  engadge  in  a  warre  wher  so  little  is  to  be  gained, 
which  would  prove  so  harmefull  to  both  nationes ;  and  that  hearing  of  ther 
necessarye  defence,  they  will  judge  charitably,  and  suppose  the  case  ther 
owne ;  and  that  the  Englishes  would  praye  to  God  for  them,  and  supplicate 
the  King  for  them ;  and,  if  need  be,  defend  them  against  wicked  men  of 
Beliall,  because  they  are  brethren  under  one  roofe,  etc. 


246  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A  D.  1639.  And  then  they  declare  what  remonstrances,  proclamationes,  preparationes, 
have  been  emitted,  and  made,  and  are  niacking  against  them  ;  and  this  they 
say  was  the  cause  why  they  wer  forced  to  seise  thes  castells,  so  much  ob- 
jected :  that  either  they  behoved  to  doe  or  dye. 

Finally,  they  conclude  that  by  the  law  of  nature  they  may  prevent  blowes 
as  weall  as  strike;  and  that  ad  defensionem  sujjicit  quod praecedat  ojfensa  vel 
Justus  timor  offensae,  nee  debet  quis  exspectare  primum  ictum  :  melius  enimjura 
intacta  servare,  quam  post  vidneratam  causam  remedium  quaerere.  Qiiando 
praecedunt  signa  et  actus  manifestae  ojfensionis,  et  quando  aliter  nosmet  tueri 
non  possumus,  turn  incnlpata  ac  neccssaria  dicitur  tutela,  ac  in  dubio  insulta- 
tus  quicquid  facit  in  incontinenti,  praesumitur  ad  sui  defensionem  facere. 
And  then  they  conclude  that  France  and  Holland  did  the  lyeke  :  finally,  that 
they  will  hold  ther  supplicationes  in  one  hand,  and  ther  swordes  in  the  other  ; 
that  how  soone  ther  supplicationes  are  graunted,  themselves  and  the  peace 
of  the  kirke  and  kyngdome  settled,  they  would  suffer  ther  swordes  to  fall 
from  them ;  and  should  leave  nothing  in  ther  power  unperformed  for  perfect 
pacificatione  ;  and  should  vow  to  live  and  dye  in  obedience  to  his  Majestys 
lawes,  and  the  mantenance  of  his  royall  persone  and  authoritye,  etc.  And 
then  it  is  subscrybed.  Revised  according  to  the  ordinance  of  the  Generall 
Assembly,  by  Mr.  Archibald  Johnstone,  clerk  therto.  Edinburgh,  twenty- 
second  March,  1639. 

King's  Procla-       XXXII.  This  is  the  summe  of  that  long  Remonstrance  which  the  Cove- 

mation.  nanters  published  in  ansuer  to  the  Kings  Declaratione,  February  twenty- 

seventh  ;  to  which  the  Kinge  gave  no  replye.   For  now  they  wer  preparing  to 
dispute  the  cause  with  swordes,  and  no  longer  with   wordes ;  for  by  the 

Apryle  I.  first  of  Apryle,  the  Kinge  was  at  Yorke,  at  his  rendevouze,  wher  he  re- 
mained for  some  weekes  till  his  army  should  be  fully  at  a  heade.     Upon  the 

Apryle  25.  twenty-fifth  of  Apryle,*  the  Kinge  caused  publish  a  proclamatione  or  decla- 
ratione at  the  merkatt  crosse  of  Yorke,  which  he  lyckwayes  commanded  (but 
all  in  vaine)  for  to  be  proclaimed  at  all  the  merkatt  crosses  of  the  burroughs 
of  Scottlande  :   The  contents  whairof  wer  to  this  pourpose  followingeCO : 

First,  The  King  shewes  that  whairas  he  had  used  all  faire  meanes  to 
reclame  his  subjectes,  who  wer  blyndly  runne  into  seditiouse  courses,  and 

*  Kingorne  leaves  Aberdeen  and  his  gouvernement,  and  Apryl  twenty-five,  Earle  of  Mar- 
shall and  Master  of  Forbesse  come  in  to  Aberdeen  with  about  a  thousand  followers  ;  and  they 
quarter  in  the  towne,  and  the  Earl  of  Marshall  is  made  governour.  [Spald.  Hist  of  Troub., 
vol.  i.,  p.  125.] 

(I)  [Historia  Motuum,  pp.  352—356.] 


Ch.  XXXII.]  HISTORY  OF  SCOTS  AFFAIRS.  247 

had  laboured  (but  in  vaine)  to  settle  his  owne  authoritye  and  governement ; 
that  all  his  clemencye  had  proved  a  raeanes  to  encrease  ther  insolencye,  as 
for  to  seize  his  fortes,  his  crowne,  magazins,  etc. :  which  (though  now  in 
armes)  he  declares  for  all  this  shall  not  be  employed  to  innovate  relligione, 
or  for  to  infringe  the  civill  lawes  and  libertyes  therof ;  his  tender  affectiones 
both  to  relligione  and  his  subjectes  being  aeqwall,  specially  such  as  have  re- 
mained faithful].  Therfor,  with  sinceritye  of  heart,  he  promiseth  that  he 
will  macke  goode  all  his  former  proclamations,  or  whatever  his  comis- 
sioner  in  his  name  had  promised  at  the  last  pretended  Generall  Assembly  of 
Glasgow.  That  though  it  be  not  necessaire  alwayes  to  be  declaring  the 
sinceritye  of  his  professione  in  the  reformed  protestant  relligione,  yet  that 
by  such  false  reportes,  whairby  they  have  givne  out  that  he  was  popishly 
affected,  they  had  no  other  ende  who  raised  it  but  to  steale  away  the 
heartes  of  the  people  from  him,  therby  the  better  for  to  compasse  ther 
treacherouse  designes  for  the  overthrow  of  monarchicall  governement : 
That  he  tackes  God  to  witnesse  that  he  was  a  defender  of  the  trwe  protes- 
tant relligione,  which  he  promiseth  and  hopes  to  continow  in  ;  and  that  he 
will  mantaine  it  against  innovationes,  as  it  is  established  by  the  lawes  of 
the  severall  kyngdomes  respectivlye.  That  (whatever  anye  treacherously 
disposed  saye  to  the  contrarye)  he  does  obleidge  himself  most  punctwally 
to  performe  this  promise,  for  preservatione  of  relligione,  and  evrye  pairt 
therof.  That  he  hopes  to  be  beleeved  that  he  meaneth  no  otherwayes  then 
he  speakes,  whatever  people  treacherously  disposed,  to  gett  followers  to 
themselves,  will  saye  to  the  contrarye.  That  the  seductione  of  many  is  the 
worste  of  crymes  ;  that  albeit  many  be  seduced,  yet  he  is  willing  to  shew 
mercye  to  all  who  will  accept  his  oifer,  and  from  that  tyme  fordwards  live 
qwyettly  and  obedient  to  his  commandes  :  to  which  pourpose,  he  intended  to 
hould  parliament  ther  how  scone  he  saw  the  countrye  in  such  peacable 
posture  as  it  was  fitt  for  him,  with  honour  and  with  safetye,  to  come  per- 
sonally amongst  them.  Therfor  he  commandes  all  his  houses,  fortes,  crowne, 
etc.  to  be  restored  to  him  within  eight  dayes  after  the  publicatione  of  his 
proclamatione ;  fortes  to  be  demolished,  and  the  laundes,  houses,  and  goods 
of  his  loving  subjectes,  tackne  from  them,  to  be  restored  also  within  the 
saide  space,  and  that  as  they  tendered  ther  alledgaunce.  And  he  commandes 
all  subjectes  to  lay  downe  armes,  and  to  disband  ther  forces,  all  to  goe  to 
ther  owne  homes,  and  to  dissolve  ther  conventicles  and  meetings  within  the 
space  forsaide,  after  the  pubUcatione  heerof.     That  for  ther  securitye,  he 


248  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  was  willing  to  graunte  ane  acte  of  oblivione  for  all  that  was  past ;  and  that 
since  he  was  willing  to  deale  so  gratiously  with  them,  he  was  confident  that 
his  gratiouse  offer  should  be  heartily  embraced. 

That  if  any  refoosed  his  offer,  within  the  saide  space,  he  would  be  forced 
to  have  recourse  to  a  sharpe  cure  of  justice.  Therfor  he  does  proclaime 
suche  to  be  opne  rebeUs  and  traitors ;  that  he  would  dispose  of  ther  laundes 
and  estates  to  other  better  deserving  subjectes  adhering  to  him  and  obeying 
his  commandements :  To  which  pourpose,  he  dischargeth  all  ther  vassals  and 
tenents  for  to  pay  any  thing  that  they  owe  to  suche,  but  to  reserve  the  one 
halfe  for  the  Kings  use,  and  the  other  half  for  ther  oune  use :  and  he  pro- 
misethe  to  such  as  would  leave  ther  maisters  and  adhere  to  him,  good  termes 
of  years  of  ther  possessiones,  and  a  diminutione  of  a  third  of  the  rentall  at 
least  that  they  payed  to  ther  maisters  presentlye  ;  and  to  the  vassals  of  such 
also  he  promiseth  to  give  them  immediate  holding  of  himselfe,  and  the  dimi- 
nutione of  a  third  of  the  dutye  which  ther  charters  obleidgeth  them  to  pay 
to  ther  superiors.  And  for  superiors  adhering  to  him,  who  have  any  rebel- 
House  vassals,  he  declares  that  it  shall  be  laufull  to  expell  suche  vassals, 
and  that  he  freely  resignes  his  right  to  such  superiours  for  to  possesse 
themselves  the  laundes  of  such  vassals,  or  whatever  should  belong  to  him  by 
forfaltrye,  with  this  provisione  still  that  such  superiours  asiste  him.  Fur- 
der,  he  dischargeth  all  indetted  to  such  in  sowmes  of  money  for  to  macke 
payment  to  them ;  and  assures  his  good  subjectes  that  they  shall  have  retri- 
butione  out  of  the  saide  moneye,  as  he  shall  see  them  to  deserve.  And  all 
burghs  and  cittyes  who  shall  accept  his  offer,  he  promiseth  to  tacke  into  his 
protectione,  with  all  ther  libertyes  and  privileidges  ;  other  wayes  he  does 
seclude  them  from  any  such  hopes  in  any  tyme  thereafter.  Lastly,  he  de- 
clares that  the  forfailture  of  any  rebell  shall  not  praejudice  any  good  sub- 
jecte  to  whom  they  are  indetted,  but  that  all  such  shall  have  payment  befor 
that  the  King  macke  any  use  of  ther  forfaltrye.  Lastly,  he  orders  that  this 
may  be  proclaimed  at  all  the  heade  buroughs  of  Scottlande,  at  the  merkatt 
crosses  and  other  places  needfuU,  that  none  pretende  ignorance,  etc.  Date 
therof  is  at  York,  Apryle  twenty-five,  1639.  Printed  by  Robert  Younge. 
Hamilton  XXXIIL  Ther  was  a  coppy  of  this  Declaratione  delyvered  to  Marquesse 

comes  to  the  of  Hamiltoune,  with  warrant  to  cause  publish  it  at  his  arryvall  into  Scott- 
fl^f  "''"'  ^  land.  Hamiltoune  came  into  the  Firth  of  Forth,  May  first  day,  with  a  fleete 
,,     .  of  about  twenty-eight  shippes  ;  wherin  wer  saide,  besyde  the  marriners,  to 

have  been  fyve  thousand  foot  souldiours,   Englishes,  together  with  money 


Ch.  XXXIV.]  HISTORY  OF  SCOTS  AFFAIRS.  249 

and  ammunitione  for  levyinge  and  arming  souldiours  at  Hamiltounes  land-   A.  D.  1639. 

inge.     Simdrye  noblemen  of  Scottlande,  who  stoode  for  the  King,  and  some       

officers  of  fortune  (as  they  terme  them),  who  came  alonge  with  Hamiltoune, 
wer  appoynted  for  to  commande  thes  levyes. 

HamUtoune,  at  his  comming  into  the  Firthe,*  anchored  betuixt  the  two 
little  isles  or  inshes,  called  Insh  Keithe  and  Inshe  Columbe  ;  ryding  in  the 
very  place  wher  the  passage  boates  betuixt  Leeth  and  Bruntisland  macke 
ther  ordinarye  and  neerest  passage  and  course  at  all  tymes.  His  comming 
thither  begott  a  great  alarum  amongst  the  commons,  and  such  as  wer  not 
acqwaynted  with  the  mysteryes  of  bussinesse  ;  who,  upon  both  sydes  of  the 
Firthe,  beganne  to  runne  to  armes  and  to  gwarde  the  coastes,  that  Hamil- 
toune and  his  souldiours  might  bee  keept  from  laundinge.  And  ther  trepida- 
tion was  no  whytte  diminished  by  the  Covenanter  noblemen,  who  kept  a  greate 
deale  of  sturre  and  qwarter  with  rendevousing  and  drawing  upp  horse  and 
foote  to  keep  off  Hamiltoune,  who  made  no  greate  haste  to  come  ashore ; 
for  all  he  did  was  to  sett  his  souldiours  by  turnes  a  shore  upon  Insh  Keithe 
and  Insh  Columbe,  for  to  refreshe  them.  And  it  was  affirmed  that  beinge 
ther  they  caused  macke  some  fyre  workes,  which  made  a  noyse  lycke  unto  a 
volly  of  musketts  shott  ofl";  and  all  this  to  macke  the  ignorant  people  be- 
leeve  that  his  numbers  wer  greater  then  indeed  they  wer. 

The  rest  of  the  tyme  they  lay  ther  was  spent  in  macking  excursions 
upon  passage  boates  or  fishermen,  without  offering  to  come  a  lande,  till  his 
victwalls  beganne  either  to  consume  or  spoyle,  or  the  launde  souldiours  to 
sickne  and  severall  of  them  to  dye  :  Otherwayes  this  fleet  did  mor  hurt  to 
the  King,  who  sent  them,  then  to  the  enemye. 

XXXIV.  For,  during  the  tyme  that  he  laye  in  the  Firthe  commander  Keeps  corres- 
of  the  fleet,  Hamiltoune  had  dayly  correspondence,  by  letter  or  message,  pondenee  with 

„    ,  1  •   1      1     11    1  11  -11  '"*'  Covenant- 

under  the  pretexte  of  that  which  shall   be  presently  tolde,  with  the  pryme  ers.     His  mo- 
Covenanter  noblemen ;  who  sometymes  would  come  aboarde  of  the  shipp  ther's  beha- 
wher  Hamiltoune  was,  sometymes  one,  sometymes  another  of  them.(')  Thus 
wer  matters  carryd  under  hande,  whilst  great  noyse  was  made  about  the 
hindering  of  his  launding,  in  a  comicall  waye :    And,  amongst  other  zealotts, 
none  bussyer  to  barre  his  launding  then  Hamiltouns  owne  mother ;  who  came 

*  May  third,  Obyne,  who  had  been  macking  some  preparationes  in  the  northe,  leaves  his 
men,  and  privattly  shippes  upon  the  coast  of  the  Enzie,  upon  advertishment  of  Hamiltounes 
coming  to  the  Firthe.     [Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  130.] 

(0  [See  Bishop  Guthrie's  Memoirs,  p.  56.} 
2  I 


250  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  ryding  towards  Leethe,  upon  the  heade  of  some  armed  troopes,  with  two 
case  pistolls  at  her  saddle,  protesting,  (as  it  is  affirmed,)  that  she  would  kill 
her  Sonne  with  her  owne  handes  if  he  should  oiFer  to  come  a  launde  in  ane 
hostile  waye  :  And  some  atfirme  that  she  had  balle  of  gold,  insteade  of  leade, 
to  kill  him  withall.  This  laste  reporte  I  shall  not  asserte  for  ane  undoubted 
truthe ;  howbeit  it  appears  to  be  true  which  was  reported  of  that  ladyes 
romance  lycke  caprice  in  this  particular,  by  the  testimonye  of  such  as  having 
wryttne  a  manifesto*  for  the  Covenanters,  doe  not  glorye  a  little  in  the 
old  ladye  Marquise  of  Hamiltoune  her  valour  and  resolutione  against  her 
Sonne. 

The  first  thing  that  Hamiltoune  did  in  this  mocke  warre  was  to  wrytte  to 

the  provost  of  Edinburgh,  desyring  him  to  macke  patent  harbyre  for  the 

fleete  royall,  and  for  to  cause  proclaime  at  the  crosse  of  Edinburgh  the 

Kings  declaratione  (at  Yorke,  Apryle  twenty-five).     To  this  the  provost  of 

Edinburgh  did  macke  answer,  beseeching  Hamiltoune  not  to  put  that  upon 

him ;  since  it  was  mor  then  he  durst  performe  without  the  advyce  and  con- 

sente  of  the  nobilitye  and  the  cheife  trustees  amongst  the  Covenanters,  who 

behoved  first  to  conveene  and  resolve :   Or  rather  he  intreated  Hamiltoune 

to  waite  till  the  parliament  wer  mette,  whoise  doune  sitting,  since  it  did 

now  approache,  it  was  ther  dutye  of  course  to  tell  him  what  he  might  ex- 

pecte  in  answer  to  his  proposalle. 

Those  elected        XXXV.  And  immediatly  therafter,  May  fifteenth,  thes  who  wer  elected 

to  parliament    (q  gj^^  j^  the  parliament,  which  was  indicted  the  last  yeare,  did  conveene  at 

veen;  answer   Edinburgh ;  who,  befor  the  downe  sitting  of  the  parliament,  mett  at  ther 

Hamilton.         Tables,  and,  by  common  consent,  answered  HamLltoune,(')  shewing  him  that, 

^     '  for  manye  reasons,  they  neither  could  nor  ought  give  waye  to  the  publishing 

the  Kings  declaratione,  except  they  would  violate  the  lawes  and  proclaime 

the  nationes  disgrace,  confesse  themselves  perjurd,  and,  finally,  tacke  the 

guilt  upon  themselves  of  all  the  crymes  whairwithe  ther  adversaryes  so 

unjustly  branded  them. 

Next,  they  affirmed  that  such  a  proclamatione  was  unlaufull  bothe  for  the 
forme  therof,  because  it  was  made  without  the  kyngdome,  and  without  the 

*  Spang,  Historia  Motuum,  pa^.  351.  ["  Praetereunda  certe  non  est  illustrissima  Heroina 
Hammiltonia  Marchionissa,  quae  supra  sexum,  virilis  animi  pro  tuenda  vindicum  libertatis  & 
religionis  causa,  egregia  indicia  edidit,  ac  posthabito  omni  materno  affectu  in  illustrissimum 
filium  Marchionera  Hammiltonium,  quern  tamen  unice  diligcbat,  se  &  sua  fcederatis  labor- 
antibus  benigne  obtulit."] 

(1)  [Their  letter  is  printed  in  Burnet's  Memoires  of  the  Hamiltons,  p.  125.] 


Ch.  XXXV.]  HISTORY  OF  SCOTS  AFFAIRS.  251 

councells  eonsente  ;   which  is  both  contrare  to  knowne  lawes  and  practise  :    A.  D.  1639. 

And  for  the  matter,  lyckwayes,  they  ansuered,  that  it  was  never  heard  of 

befor,  that  all  the  nobilitye  and  almost  the  whole  body  of  the  kyngdome 

should  bee  declared  rebells  and  traitors,  and  all  ther  goods  to  be  confiscate, 

without  any  tryall  of  ther  g'uilt  or  sentence  of  parliament,  albeit  it  be  only 

judge  competent  in  suche  cases:     That  such  a  procedure  and  punishment 

could  not  be  usd  nor  inflicted  against  the  meanest  subjecte  till  he  wer  first 

citted,  and  his  guilt  proved,  in  foro  contradictorio :     Finally,  they  said  that 

by  this  proclamatione  all  ther  former  actings  wer  condemned  as  treacher- 

ouse,  albeit  they  could  both  prove  them  just  and  necessary  also. 

They  said  that  such  a  proclamatione  was  praejudiciall  to  the  King  his 
honour,  as  being  against  law ;  wheras  the  King  oftne  befor,  and  evne  in  this 
selfe  same  declaratione,  promiseth  to  observe  all  the  lawes  and  preiveleidges 
of  the  kyngdome ;  and  that  the  councell  and  sessione  had  oftne  pronounced 
such  a  proclamatione  unlaufull :  That  certainlye  not  the  King,  but  ther 
enemyes,  wer  the  authors  therof,  who,  by  this  meanes,  wer  seeking  to  macke 
the  rupture  betuixt  King  and  people  altogether  incurable  :  That  to  obey 
such  a  commando  wold  be  a  breache  of  ther  Covenante,  which  would  draw 
Gods  wrath  upon  them  and  ther  posteritye :  That  they  had  tryed  all 
meanes  in  vaine  for  to  informe  the  Kinge;  but  as  yet  they  requested  Hamil- 
toune  that  hee  would  doe  and  interceede  for  them  at  the  Kings  handes : 
Finally,  they  shewed  that  if  Hamiltoune  would  joyne  with  them  in  parlia- 
ment, they  should  undertacke  to  macke  it  apparent  to  the  King,  and  to  all 
the  world,  that  ther  enemyes  wer  the  church  and  kyngdoms  enemyes,  and 
guiltye  of  treasone,  but  themselves  humble  and  loyall  subjectes. 

Meane  whyle,  the  King  sent  ane  expresse  wherby  he  declared  both  the 
necessitye  as  weall  as  expediencye  to  prorogate  the  parliament  to  a  fitter 
occasion.  This  was  eonsterd  by  the  Covenanters  as  done  to  trye  them,  if 
they  wold  enter  a  parliament  against  the  Kings  commando,  as  they  had 
continowd  to  sitt  in  ther  Assemblye.  Yet  the  wysest  of  them  thought  not 
so,  and  befor  hande  saw  little  appearance,  as  things  stoode  betuixt  them, 
that  the  King  would  lett  the  parliament  sitte  at  that  tyme  :  nor  could  any 
rational!  man  thinke  otherwayes.  The  heades  of  the  Covenanters  founde  it 
not  expedient  at  that  tyme  to  hold  a  parliament,  whilst  the  King  was  upon 
his  march  with  ane  armye  leading  towards  Scottland,  and  the  north  of 
Scottlande  beginning  againe  for  to  grow  unqwyett,  as  afterward  shall  be  told. 
Otherwayes,   they  would  not  faile  to  have  sittne  by  vertwe   of  the  King 


252 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 


A.  D.  1639.    his  proclamatione,  as  weall  as  ther  predecessors  did  in  the  dayes  of  Queen 

Marye.    Yet  it  was  givne  out  that  all  was  done  in  obedience  to  the  Kinges 

commande ;  but  withall  they  declared  that  it  was  no  pairt  of  the  Kings 

praerogative  for  to  adjourne  a  parliament  without  the  consent  of  the  states 

of  the  kyngdome.C) 

Army  set  on         XXXVI.  Leaving  therfor  the  thoughtes  of  a  parliament  for  that  tyme, 

th    r'  ^5^'"^'  ^^^y  '^°^  beginne  to  put  ther  army  on  foote  ;  having  long  befor  made  all 

GenerarLesly  things  readye   for   that  ende;  putting   Sir  Alexander   Leslye  (commonly 

gets  the  called  Generall  Leslye),  upon  the  heade  of  ther  army,  as  generalissimo, 

command;  set-  ,,„,...,,.      -^  ...       '^  ,  ,       ,.  ,     . 

ties  the  com-    both  tor  his  skill  in  mihtarye  conducte,  as  also  tor  to  remove  aemulatione 

mand  and  dis-  amongst  themselves,  (for  hardly  would  the  rest  of  the  nobilitye  have  followd 

the  forces  left  ^"J  0^^  *5^  ^^^^^  owne  number) ;  to  have  all  of  them  swore  to  be  faithfuU  and 

for  the  de-  obedient;  and  he  lyckewayes  tooke  an  oathe  of  tidelitye  in  the  discharge  of 

fence  of  the  i  .     i    .  i  i  .i 

kingdom.  '^'^*  dutye  and  commande  over  tliem. 

Generall  Lesly  rendevouzd  the  Covenanters  army  upon  the  Linkes  of 
Leethe,  and  ther  proclaimed  the  articles  of  warre  which  himself,  with 
advyce  and  consent  of  the  Tables,  had  caused  draw  upp,  following  in  many 
thinges  Gustavus  Adolphus  his  modelle.  Thes  articles  of  warre  he  caused 
lyckwayes  be  printed  for  the  use  of  the  officers  and  souldiours  under  his 
commande.  And  because  himselfe,  with  the  maine  body  of  the  army,  behoved 
to  marche  towards  the  border,  therfor  he  leaves  considerable  forces  within 
the  kyngdome  both  for  keeping  downe  inward  combustions  and  repelling 
forraigne  invasione.  The  Earle  of  i\rgylle  was  commanded  by  him  for  to 
tacke  up  his  post  neer  Strivlinge  with  his  men ;  that  hee  might  both  keepe 
ane  eye  over  the  westerne  coastes,  in  caise  the  Earle  of  Straiforde  should 
send  over  any  forces  from  Irelande,  as  also  over  the  north  pairtes,  in  caise 
any  iiifall  should  be  ther.  To  the  Lord  Johnstone  (afterwards  Earle  of 
Hartfell),  was  givne  the  oversight  of  the  borders  betuixt  Scottland  and 
Englande ;  that  he,  with  his  vassals  and  such  as  wer  joynd  with  them, 
might  beare  up  such  troopes  of  English  or  Irish  horses  as  wer  sent  to 
macke  incursions  upon  the  borders,  as  also  for  to  keepe  downe  [Robert] 
Maxwell  the  Earle  of  Nithsdale  (a  Roman  Catholicke  in  professione),  one 
who  stoode  for  the  King,  and  considerable  for  followers  in  thes  places  :  And 
for  efiectwating  all  this  the  better,  ther  was  a  garrisone  putt  into  Drumfreese, 
ane  opne  towne  upon  the  south  west  border  of  Scottlande,  not  ftirr  from 

(I)  [Historia  Motuum,  pp.  358,  359.] 


Ch.  XXXVII.]  HISTORY  OF  SCOTS  AFFAIRS.  253 

Carleile,  wher  the  Kings  fore  party  laye.     To  the  Earles  of  Cassils  and    A.  D.  1639. 

Eglintoune  was  comitted  the  charge  of  Gallowaye,   Carricke,   Kyle,   and 

Konninghame,  and  the  reste  of  the  weste.      The  Fyrth    of    Forthe  was 

gwarded   so   on   evrye   syde,    by    the   countrey   men   neerest    inhabitants 

to  the  two   sydes  therof  in  Fyfe  and  Lauthian,  that,    betuixt   ther   wil- 

lingnesse   to   defende,    and  Hamiltounes   unwillingnesse   to  persew,    little 

daunger  was  to  be  feard  from  any  attacke  that   Hamiltounes  fleete  was 

lycke  to  give. 

XXXVII.  About  this  tyme,  the  troubles  in  the  north  wer  againe  be-  Troubles  in 

gunne.     Therfor,  for  quyetting  thes  places  for  the  present  and  following  *    ,"  j"^'^/*^'! 

tymes,  Montrose,  who  befor  had  marched  thither,  was  of  new  putt  upon  encamps  at 

that  service.     To  him  was    conioyned  the   Earle   of   Marishall,   with  his  J?™^*"  Law ; 

Kino*  at 
followers,  as  also  the  vassalls  of  the  Earles  of  Errolle,  Dumferlemlyn,  and  Berks,  near 

Glammes,  ane  regiment  of  the  Athole  men,  and  two  foote  compauyes  of  Berwick, 
the  townesmen  of  Dundee,  who  wer  to  be  made  us  e  of  by  Montrosse  as  „gf^  the  Scot- 
he  saw  necessetye,   or  could  gett  occasione  to  call  them  out.     All  thes  t'sh  camp  dis- 
thinges  being  putt  in  order,  Generall  Leslye  tackes  his  marche  for  the  stones*  fit  for 
border  of    Scottlande,  towards   Bervicke ;  and  encamped  at    Dunse  Hill  balls, 
(commonly  called  Dunse  Law),  which  is  scitwated  in  the  Merse,  about  four 
myles   distant   from    Bervicke,   and    about   fourtye    Scottish    myles   from 
Edinburgh. 

Upon  the  twenty-eighth  daye  of  Maye,  the  King  encamped  at  two  myles  May  28. 
distaunce  from  Bervicke,  at  a  place  called  Birks,  and  within  view  of  the 
Scottish  armye.  The  Kings  campe  was  within  the  fronteer  of  Englande, 
Leslys  within  Scottishe  bounds ;  wher  I  must  leave  both  armyes  looking 
upon  another  for  some  tyme  till  the  treatye  beganne  and  closed ;  for  nothing 
else  was  done  ther,  all  the  actione  in  the  interim,  such  as  it  was,  being 
in  the  north  of  Scottlande  ;  towards  which  I  must  for  a  whyle  steppe  back- 
war  des. 

And  beer,  by  the  waye,  I  shall  remember  upon  that  whiche  fell  out  neer 
Dunse  Law  about  thes  tymes.  It  was  the  fallinge  of  a  pairt  of  a  banke 
upon  the  steepe  syde  of  ane  hill  neer  by  to  the  Scottish  campe,  which  of 
its  owne  accorde  had  shuffled  downewarde,  and  by  its  fall  discovered 
innumerable  stones,  rownde  for  the  most  pairte  in  shape,  and  perfectly 
sphericall,  some  of  them  ovall  shapne.  They  wer  of  a  darke  gray  colour, 
some  of  them  yellowishe,  and  for  qwantitye  they  looked  lycke  ball  of  all 
syzes,  from  a  pistoll  to  feeld  peeces,  such  as  sakers  or  robinetts,  or  bat- 


254  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  tering  peeces  upwards  :  sraoothe  they  wer,  and  polished  without,  but  lighter 
^~~~  then  leade  by  many  degrees,  so  that  they  wer  only  for  shew  but  not  for 
use.  Many  of  them  wer  carryd  about  in  mens  pocketts  to  be  seene  for 
the  raritye.  Nor  wanted  ther  a  few  who  did  interprete  this  stone  maga- 
zine at  Dunse  Hill  as  a  miracle,  as  if  God  had  sent  this  by  ane  hidde 
providence  for  the  use  of  the  Covenanters ;  for  at  this  tyme  all  thinges  wer 
interpreted  for  the  advauntage  of  the  Covenante.  Others  looked  upon 
thes  peebles  stones  as  prodigiouse,  and  the  wyser  sorte  tooke  little  notice 
of  them  at  all.  I  suppose  that  at  this  present  the  qwarrye  is  extant,  wher 
they  are  yet  to  be  seen,  no  mor  a  miracle ;  but  whither  the  event  has  deter- 
mind  them  to  be  a  prodigee  or  not,  I  shall  not  tacke  it  upon  me  to  defyne 
either  pro  or  con. 

Huntly's  XXXVIII.  The  imprisonement  of  Huntly,  as  it  was  troublesome  tohim- 

tnends  con-      gelfe,  so  it  was  ill  so  tackne  by  his  freends  and  followers,  and  others  who  did 

veen  at  Strath-  ii-oiii 

bogy,  to  repair  stande  for  the  King  in  the  north  of  Scottlande,  that  upon  the  rumor  of  the 

their  breach      Marquesse  Hamiltounes  comming  to  the  Firth  with  the  fleet,  and  of  the 

ot  promise  to     ^.  ,  .  ,      ,  i      c  t^      i       i        i         i  i 

him;  their        Kinges  marching  towards  the  north  oi   hnglande,  they  doe  tacke  courage  a 

vain  hopes.       freshe,  and  beginne  to  bethinke  themselves  bothe  how  to  repaire  the  breache 

insuro-ents  at''  of  promise  to  Huntlye,  as  also  how  to  doe  the  King  service.  Towards  which 

Strathbogy  :     pourpose  a  considerable  number  flew  together   about    Strabogye,   Huntlyes 

himotbn   ''"  castell.*  They  had  amies  and  horses,  and  courage  and  afi'ectione  eneuche  to 

Covenanters     the  Kiuffes  cause,  and  the  very  common  souldiours  running  to  service  of  ther 

at  T         ff  o  '  J  _  o 

lurren.  oune  aceorde  ;  but  all  that  might  macke  ther  service  usefull  or  considerable 
was  wantinge  ;  for  leader  they  had  none  whom  they  would  consent  to  follow 
but  as  they  pleased,  and  under  offieiers  wer  lyckwayes  scarce  amongst  them. 
Money  they  had  not  for  to  keep  up  souldiours  ;  and  for  ther  councells,  as 
many  heads,  as  manye  wittes.  Nothing  did  they  resolutly  prosecute  ;  the 
Kinges  service  was  the  common  pretexte  ;  but  most  of  thes  who  did  animate 
them  wer  drivne  on  with  hopes  of  the  Kings  victorye,  and  that  for  ther 
services  he  could  give  them  no  lesse,  acording  to  his  late  proclamatione, 
then  ther  nest  neighbours  estates,  who  wer  Covenanters  ;  severall  of  which 
they  had  already  swallowd  up  in  hopes  and  conceite.  Little  or  no  correspond- 
ence had  they  with  the  King.  True  it  is,  that  from  prisone  Huntly  did  send 
them  some  privatt  intelligence,  which  was  secretlye  conveyd  to  some  of  the 
pryme  of  them  who  wer  in  armes,  or  to  tacke  armes,  giving  them  assuraunce 

•  Nota.     May  third,  Obyne  he  left  them  and  shipped. 


Ch.  XXXVIII.]  HISTORY  OF  SCOTS  AFFAIRS.  255 

that  the  Kings  bussnesse  would  goe  wealle;  but  his  informers  either  spocke   A.  D.  1639. 
to  him  as  they  wished,  or  wer  willfully  mistackne,  to  the  ende  that  Huntlyes 
followers  might  be  instigatted  for  to  tacke  armes  to  no  pourpose,  and  so 
beinge  brockne  for  wante  of  conducte,  the  King  might  see  how  little  he 
could  repose  in  ther  service,  as  it  fell  out. 

Thes  who  made  upp  this  associatione  wer  a  number  of  gentlemen  of  the 
surname  of  Gordone  with  ther  followers,  besyde  such  Gordones  as  wer  vas- 
salls  to  Huntlye,  who  ledd  his  Lowland  or  Highland  men  of  severall  surnames. 
With  thes  wer  joyned  severall  other  gentlemen  of  the  shyres  of  Aberdene 
and  Banfe,  with  ther  vassals ;  such  as  Sir  Alexander  Irvine  of  Drumme  and 
his  followers,  Sir  Gilbert  Menezies  of  Pitfodells,  and  severall  of  the  sur- 
name of  Settone  and  Wrqhwards,  with  others ;  finally,  some  of  the  sur- 
name of  Ogilvye,  the  chiefest  of  whom  was  Sir  George  Ogilvye  of  Banfe, 
with  ane  inconsiderable  number  of  his  vassalls,  scarce  surpassing  the  num- 
ber of  his  dayly  traine. 

The  impulsive  cause  which  sett  thoise  a  worke  was  ther  neighbours,  the 
Forbeses,  and  Creightounes,  and  Frazers ;  who,  after  that  Genrall  Lesly 
and  Montrose  wer  gone  southe,  having  gottne  the  command  of  the  shyres 
of  Aberdeen  and  Banfe  from  Montrosse,  with  assuraunce  of  asistaunce,  if 
they  stoode  in  neede  of  it,  wer  now  begunne  to  looke  upon  Huntlyes  partye 
as  lesse  considerable  then  formerlye ;  and  to  the  ende  that  they  might 
qwytte  reduce  them,  beganne  to  keepe  meetings,  and  consulte  both  how  to 
gwarde  themselves  and  restraine  the  Gordones  (for  so  they  wer  termed). 
This  could  not  be  secrettly  done,  by  reasone  that  they  wer  aU  intermixed  in 
one  countrey,  and  neer  neighbours.  Therfor  Huntlye  his  freendes  and 
followers,  who  did  esteeme  that  ther  was  no  just  victorye  gott  over  them  by 
Montrose,  and  who  disdained  that  ther  neighbours  should  command  them, 
o-rew  jealouse  of  the  meetings  and  consultations  of  the  Forbesses,  Frazers, 
and  ther  associatts  ;  specially,  fynding  that  the  eifeete  of  all  ther  consultes 
was  for  to  tacke  armes,  and  goe  to  ane  heade. 

They  resolve  therfor  not  to  be  behynde  with  them  ;  and  whilst  ther 
neighbours  the  Covenanters  wer  conveeniug  from  all  qwarters  to  TurrefF, 
(wher  Montrose  had  lately  opposd  Huntly),  the  gentlemen  of  the  Gordones 
and  Huntlyes  followers  wer  as  bussy  running  to  ane  heade  about  Strabogye. 
Thes  thinges  wer  a  doinge  about  the  eleventh,  twelfth,  and  threteenth  dayes 
of  Maye  ;  by  which  tyme  the  number  of  such  as  wer  conveend  at  Strabogye 
of  the  Gordones,  and  of  the  Forbesses  at  TurrefF,  was  growne  to  some 
number. 


256 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.   IV. 


A.  D.  1639. 

Gordons  re- 
solve to  drive 
them  away. 
Sir  George 
Ogilvie  of 
Banfe.     Gor- 
dons dispute 
who  should 
command 
them,  also, 
what  commis- 
sion they  had 
to  fight. 


XXXIX.  They  fall  next  to  consult  what  they  should  doe  ;  and  having 
gottne  sure  intelligence  of  the  Covenanters  rendevouze,  pretended  for  keep- 
ing of  a  comitty  at  Turreffe,  they  resolve,  all  with  one  vniforme  consent, 
to  fall  upon  them,  and  chase  them  awaye.  He  who  was  mainly  instrumentall 
heerin  was  Sir  George  Ogilvye  of  Banfe,  who  loved  not  to  see  the  Co- 
venanters so  near  himselfe  in  armes,  ther  being  but  six  short  myles  betuixt 
Turreffe  and  Banfes  house.  Besyde,  if  the  bussnesse  carryd,  he  would  be 
sure  to  ascrybe  the  praise  to  himselfe  ;  if  otherwayes,  the  losse  that  should 
be  sustained  should  alight  amongst  the  Gordones,  and  not  on  him,  who 
had  but  few  ther  to  lose  ;  or,  if  he  wer  called  to  ane  accoumpt  for  it  after- 
wardes,  he  could  easily  lurke  amongst  the  multitude,  and  passe  with  the 
rest,  as  having  but  one  vote  and  no  commande  ther ;  so  that,  goe  the  world 
as  it  pleased,  he  did  thinke  himself  a  gainer,  or  no  loser.  Ther  wer  many 
handes,  but  few  heades ;  and  Banfe  had  a  number  of  gentlemen  of  his 
acqwayntance  ther,  whom  he  used  as  adjutators,  to  sett  on  the  multitude  to 
call  for  that  which  he  projected. 

Ther  projecte  for  to  beate  upp  the  Covenanters  qwarters  at  Turreff,  in 
the  night  tyme,  it  being  but  eleven  myles  distant  from  Strabogye,  was 
lycke  to  have  stuckne ;  for  when  it  came  to  that,  that  they  wer  in  readinesse 
to  marche,  they  coulde  not  agree  who  should  be  commander  in  cheefe. 
Some  did  name  Lord  Adame  Gordone  of  Achndowne,  younger  brother  to 
the  Marquese  of  Huntlye ;  but  that  motione  was  quickly  stiffled,  be  reasone 
that  the  gentleman  had  no  skill  in  military  matters,  and  his  parents  had 
sequesterd  him  to  a  retreate,  as  not  useful!  for  to  goe  about  matters  of  any 
consequence. 

After  some  dispute,  it  was  in  ende  concluded  that  Sir  George  Ogilvye  of 
Banfe,  and  Sir  John  Gordone  of  Hadda,  should  be  generalls  conjunctly ; 
bothe  of  them  of  knowne  courage,  but  Banfe  the  wittier  of  the  two,  and 
Hadda  supposd  to  be  plyable  to  Banfs  counceUs  and  advyce. 

But  the  greatest  questione  was  behynde.  What  commissione  they  had  for 
to  light,  and  what  should  be  ther  manifesto  and  qwarell  ?  For  the  first,  it  was 
praesumed  the  King  would  allow  it,  and  that  it  tended  only  unto  defence. 
At  last,  Alexander  Gordone  of  Carneborrow  suggestes  ane  overture,  that 
ther  should  be  a  bande  of  associatione  drawne  upp,  the  which  should  de- 
clare that  ther  engadgement  was  for  the  mantenance  of  the  Kings  preroga- 
tive, next  for  the  dutye,  service,  and  honour  and  safetye  of  Huntly  and  his 
familye,  and  for  ther  owne  mutwall  preservatione.  This  pleased  all,  and 
was  subscrybed  by  all  the  gentlemen  present. 


Ch.  XL.]  HISTORY  OF  SCOTS  AFFAIRS.  257 

XL.  Now  they  wer  in  a  readinesse  to  marche,  and  night   was  comming    A.  D.  1639. 
on ;  at  which  tyrae  they  tackc  waye  for  Turreffe,  being   about  two  horse  ,.  "T~ 
troopes,  mostly  gentlemen,  about  five  or  six  foote  companyes  of  the    Stra-  Turreft';  come 
bogye  re^ment,    all  new  levyd  souldiours,   whom   Huntly  had  caused  to  ^i"""  musket 

■  %,  •  .       1-  „        ,    ,TT-„-  -r  ,  shot.     Cove- 

trame.       1  he  van   was    givne  to    hevtenant   collonel    William   Johnston,  nanters  fly ; 

(sonne  unto   Robert  Johnstone  of   Crimond,  provost  of  Aberdeen,)  the  "°'  pursued ; 

only  man  of  note  in  all  ther  company,  who  had  been  bredd  upp  at  the  warre,  derable. 

and  wanted   neither   gallantrye   nor   resolutione.      They   lyckwayes  drew 

along  with  them  four  brasse  feeld  peeces,  which  belonged  to  Huntlye. 

They  came  within  muskett  shotte  of  Turreif,  undiscryed  ;  for  the  Cove- 
nanters, who  were  ther  in  proportionable  numbers,  kept  slacke  gwardes, 
most  pairt  a  bedd,  and  little  dreamd  of  ane  infall  that  tyme  of  the  night. 
But  whilst  the  Gordons  were  over  against  the  towne,  the  carriadge  of  one 
of  ther  feeld  pieces  bracke :  this  tooke  upp  some  tyme  to  helpe  it,  and  was 
lycke  for  to  have  marred  all  ther  project;  yet,  having  patched  it  up  as  weall 
as  the  time  wold  permitte,  they  come  hard  to  the  toune  as  the  daye  beganne  to 
appeare,  being  so  neer  ere  they  wer  discovered  that  ther  centre  pairtye  had 
scarce  leisour  to  draw  upp. 

Ther  marche  was  along  a  valley  which  lyes  east  and  west  under  the  vil- 
lage of  Turreff ;  which  standes  upon  highe  and  steepe  grounde  upon  the 
north  syde  of  the  valleye.  They  could  not  enter  it  in  aeqwalle  termes 
upon  any  syde  but  either  on  the  north  or  upon  the  easte,  but  best  upon  the 
east  syde,  though  it  wer  the  ende  of  the  village  farrest  removed  from 
them,  who  wer  come  from  the  west  that  night.  Ther  marche  about  the 
village,  as  it  gave  leisour  to  ther  enemyes  to  draw  upp  within  the  large 
street  of  the  village,  which  runnes  from  the  east  to  the  west,  so  it  gave  the 
Gordons  a  great  advauntage  for  to  macke  ane  infall ;  the  east  ende  of  the 
street  being  opne,  without  any  gate  or  porte,  and  it  capable  to  receave  a 
number  of  horse  or  foote  a  breaste ;  besyde,  the  feeld  hard  by  the  streete 
levell,  and  usefull  for  drawing  upp  a  greate  number  of  men  for  reserve,  to 
second  the  persewers.  The  Covenanters  made  a  fashione  for  to  baricade 
that  ende  of  the  street,  as  the  short  tyme  and  few  materialls,  which  wer  ill 
to  be  founde,  but  most  of  all  ther  confusione  and  trepidatione,  would  per- 
mitte ;  for  within  the  village  all  was  in  a  confusione ;  and,  though  ther 
wanted  not  many  gentlemen  of  courage  and  gallantrye,  yet  it  was  to  small 
pourpose,  whilst  none  was  ther  to  commande,  and  nobody  knew  whom  to 
obeye  ;  and  meane  whyle,  as  it  befalls  in  such  cases,  all  commanded,  and  no 
bodye  obeyd. 

2  K 


258 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Gordons  fall 
to  plundering 
cause  the  in- 
habitants sub- 
scribe the 
King's  Cove- 
nant.    This 
affair  called 
The  Trott  of 
Turreff. 


The  Gordons  fall  on,  and  beginne  to  remove  the  slender  barricadds  that 
wer  in  ther  waye ;  and  withall  let  flee  a  salvo  of  ther  musketts  alonge  the 
streete,  which  they  seconded  with  three  or  four  shotte  of  ther  feelde  peeces. 
This  increased  the  feare  that  was  befor  amongst  the  Covenanters  ;  and  al- 
beit Sir  William  Keith  of  Ludwharne,  a  resolute  gentleman,  and  Sir 
William  Haye  of  Delgatye,  a  gentleman  bredd  at  the  warre,  called  to  the 
most  resolute  of  ther  syde,  and  did  all  that  laye  in  them  for  to  breath 
courage  in  ther  comerads,  and  to  keep  off  the  Gordones,  who  wer  pressing 
hard  for  to  enter ;  yet  all  was  in  vaine  ;  for  in  this  very  tyme  the  most  of 
ther  partye,  without  comminge  to  strockes,  or  fyring  pistolls,  wer  begunne 
to  runne  evry  wher  out  of  the  opne  villadge,  specially  by  the  way  that  goes 
southwarde  thorough  the  valleye. 

The  greater  pairte  flying,  drew  awaye  such  as  wer  resolute  to  have 
stoode  to  it,  who  not  being  seconded,  wer  forced  lyckwayes  for  to  shift  for 
themselves.  And  now  the  Gordons  wer  maisters  of  the  streete  ;  but  livten- 
nent  collonel  Johnstone,  supposing  ther  soddane  flight  and  retreate  had  been 
done  out  of  policye,  restraint  the  persuite,  so  that  little  or  no  hurt  was 
done.  Ther  fell  only  two  gentlemen  upon  the  Covenanters  syde ;  one  Mr. 
James  Stacker,  a  servant  to  the  Lord  Mucholles ;  and  one  Alexander  For- 
besse,  servante  to  Forbesse  of  Tolqhwone  :  upon  the  Gordons  syde,  one 
common  foote  souldiour  killed,  (by  the  unskillfullnesse  of  his  owne  come- 
rades  fyring  ther  musketts,  as  was  thoughte,)  whom  the  Gordons  caused 
burye  solemnly,  that  day,  out  of  ane  idle  vante,  in  the  buriall  place  of  Walter 
Barcley  of  Towey,  within  the  church  of  Turreffe ;  not  without  great  terror 
to  the  minister  of  the  place,  Mr.  Thomas  Michell,  who  all  the  whyle  with  his 
Sonne,  disgwysd  in  a  womans  habite,  had  gott  upp  and  was  lurkinge  above  the 
syling  of  the  churche,  whilst  the  souldiours  wer  discharging  volleyes  of 
shotte  within  the  churche,  and  pcircing  the  syling  with  ther  bulletts,  in 
severall  places. 

XLI.  The  Gordones  being  maisters  of  the  villadge,  ther  common  soul- 
diours, who  had  marched  all  night,  fell  to  rifle  and  plunder  the  townesmens 
houses  for  meale,  and  tooke  away  what  they  pleased  from  such  of  them  as  they 
thought  Covenanters.  Heer  the  minister,  whom  they  looked  upon  as  ther 
enemye,  sustaned  the  greatest  losse,  although  farr  shorte  of  four  thousand 
merke  Scottishe,  which  he  gotte  at  the  parliament,  1640,  for  to  sett  upp 
his  losses  againe. 

Ther  next  worke  was  for  to  conveen  all  the  inhabitants  of  Turreffe,  whom 
they  could  fynde  out,  and  to  cause  them  solemlye  sweare  and  subscrybe 


Ch.  xli.]  history  of  scots  affairs. 


259 


to  the  Kings  Covenant,  But  that  was  to  little  pourpose  ;  for  a  few  weekes 
therafter  the  minister  of  the  place  conveened  all  the  inhabitants  who  had 
subscrybed  and  sworne  to  it ;  and,  in  presence  of  all  his  congregatione 
having  caused  cache  of  them  give  a  solemne  declaratione  that  they  wer 
compelled  so  to  doe,  he  caused  them  kneel  down  and  crave  publicke  par- 
done  for  ther  breatche  of  Covenante ;  and  then  gave  them  a  solemne  abso- 
lutione  from  ther  oathe  and  subscriptione  of  the  Kings  Covenante,  declar- 
ing them  all  fi'ee  from  the  obligation  therof.  This  infall  (knowne  after- 
ward commonly  by  the  name  of  The  Trottof  Turreffe,  in  derisione),  fell  out 
May  fourteenth,  1639,  eai'lye  in  the  morning.(') 

(1)  ["  Ye  heard  how  the  committee  to  be  holden  at  Turreff  was  adjourned  to  the  -JOtli 
of  May.  Now,  there  begane  to  gather,  to  keep  this  committee,  the  earle  Mariscliall's  men 
tennents  and  servants  of  Buchane,  himselfe  being  absent ;  the  infant  earle  of  ErroU's  men 
tennents  and  servants  ;  the  minor  lord  of  Pitsligoe's  men,  with  their  captains  and  leaders  ; 
the  lord  Fraser,  the  master  of  Forbes,  the  lairds  of  Delgettie,  Towie  Barclay,  Ludquharne, 
Craigievarr,  Echt,  Skene,  Tolquhone  and  Watcrtoun  being  present,  and  diverse  others  their 
kine,  freinds,  men  tennents,  and  servants  ;  and  were  estimate  to  be  about  1200  horse  and 
foot.  Aud  upon  Munday  the  13th  of  May,  they  came  forward  to  Turretf,  thinking  there 
to  abyde  whyle  the  •20th  of  May,  that  more  forces  might  gather,  to  hold  their  committee  ; 
and  thereafter  to  goe  in  feir  of  warr  upon  the  laird  of  Banff  and  such  others  as  had  assisted 
the  lord  Aboyne,  to  plunder  their  goods,  and  take  their  persones,  and  to  abuse  them  at  their 
pleasure.  But  howsoon  the  barrons  who  had  assested  the  Lord  Aboyne,  heard  of  this  melt- 
ing, they  resolved  shortly  to  wait  upon  the  samen  ;  and  convein  the  lairds  of  Banff,  Aber- 
geldie,  Haddo,  young  Cromartie,  Craig,  Auchmedden,  Foverane,  Cromie,  Geight,  New- 
toun,  Harthill,  Udney,  and  lieutenant  crowner  Johnston,  with  diverse  others  brave  gentell- 
men,  about  the  number  of  800  horse  and  foot,  with  some  good  commanders,  such  as  Arthur 
Forbes  of  Blacktoun  ;  and  quickly  brought  out  of  Strathbogie  four  brasen  feild  peices , 
and  understanding  the  covenanters'  forces  to  encrease  daily,  therfor  they  stoutly  resolve  to 
take  them  in  time,  and  to  goe  on  with  all  diligence  ;  for  their  committee  was  to  be  holden  at 
Turret}'  the  SOth  of  May,  as  ye  have  heard.  And  the  covenanters  came  to  Turreff,  upon 
the  Munday  before,  being  the  13th  of  May,  thinking  to  abyde  ther  whyle  the  twenty  day 
of  May  to  hold  ther  committee :  but  the  barrons  quickly  followed,  and  that  self  samen 
Munday  at  night  about  ten  hours  they  begane  to  march  in  very  quiet  and  sober  manner,  and 
be  the  peip  of  day  they  came  by  an  unexpected  way  (wherof  the  covenanters'  watches 
could  have  no  knowledge)  to  the  toun  of  Turreft';  the  trumpets  shortly  begane  to  sound, 
and  the  drums  to  touck.  The  covenanters,  wherof  some  were  sleiping  in  their  beds,  other 
some  drinking  and  smoaking  tobacco,  other  some  walking  and  moving  up  and  doun,  hearing 
this  fearful  noise  of  drums  and  trumpets,  ran  to  their  arms  and  confusedly  to  array,  and  re- 
collect themselves.  And  be  now  botli  the  covenanters  and  anti-covenanters  are  standing 
in  others  sights,  in  order  of  battell.  There  w  ere  two  shotts  shott  out  of  the  earle  of  ErroU's 
house  against  the  barrons,  whilk  they  quickly  answered  with  two  field  pieces.  Then  the 
covenanters  begane  on  hott  service,  and  the  barrons  both,  and  shott  many  muskatt  shott. 
Then  the  barrons  shott  ane  feild  piece  in  amongst  them,  which  did  no  skaith,  but  feared  the 
commons.  Both  pairties  played  on  others.  At  last  there  was  another  feild  peice  againe 
shott,  the  fciu-  wherof  made  them  all  clearly  to  take  the  flight.  Followed  the  chace.  The 
lord  Fraser  was  said  to  have  fouU  fauklings,  but  wan  away.  The  lairds  of  Echt  and  Skene, 
and  some  others,  were  taken  prisoners.     There  were  some  hurt,  some  slain.     The  barrons 


260 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Gordons  re- 
turn to  Strath- 
bogy,  and  from 
thence  to 
Aberdeen  ; 
their  debates. 
Strathloch  ad- 
vises them 
against  being 
on  the  offen- 
sive ;  mediates 
between  them 
and  Marshal. 
Barrens' 
Reign ;  go  to 
Durris  in 
order  to  join 
Donald  Far- 
quharson  and 
Huntly's 
Highlanders. 


After  the  beating  upp  of  this  qwarter,  they  made  but  little  stay  at 
Turreffe  ;  whence  they  dismissed  two  gentlemen  of  the  Covenanter  syde, 
James  Skeen,  laird  of  Skeene,  and  Arthur  Forbesse  of  Eyght,  who  had 
been  made  prisoners  that  morning  flying  from  Turreff;  not  by  anye  of  thes 
who  made  the  infall,  but  by  ane  old  cavallier,  Sir  George  Gordone  of  Gight, 
who,  comming  that  morning  with  his  servaintes  towards  Turreif,  mett  them 
in  the  way  unexpectedly,  and  made  them  prisoners  for  some  short  space, 
without  doing  them  furder  harme. 

XLII.  Being  come  to  Strabogye,  and  encouraged  by  ther  happy  be- 
ginnings, thes  gentlemen  Gordones  and  ther  associatts  beganne  to  thinke 
of  furder  projectes,  and  ther  numbers  to  encrease.  And  now  they  send 
advertishment  to  Huntlyes  Highlanders,  desyring  them  to  joyne  with  them 
in  armes.  Meane  whyle,  the  cheife  of  them,  with  as  many  as  they  could 
gather  together,  march  towards  Aberdeen,*  billeting  ther  foote  upon  free 
qwarter ;  and,  befor  they  could  conclude  any  thing  ther,  they  spent  some 
few  dayes  in  carroushig ;  the  townesmen  fynding  them  all  the  whyle  but 
heavy  freendes.  In  ende,  because  they  hearde  that  the  Earle  of  Marishall 
was  gathering  forces  to  oppose  them,  they  resolve  that  either  they  will  have 
assurance  of  him,  otherwayes  they  will  waste  his  laundes  and  disable  him. 

Ther  debates  wer  not  privatt,  and  ther  consultationes  lightlye  in  the 
afternoone,  and  wer  divulgd  befor  they  wer  thoroughly  concluded ;  and  com- 
ming to  the  eares  of  Robert  Gordon  of  Strathloch,  (who  lately  befor  was 
one  of  thes  who  wer  commissionat  from  Huntly),  it  troubled  him  so  muche 
that  some  few  should  leade  aboute  a  number  for  ther  owne  endes,  without 
warrant  from  the  King,  that  the  very  daye  that  they  wer  to  marche  towards 
the  Mearns,  from  Aberdeene,  Strathloche  comes  to  them  and  desyres  to 
speack  with  them  together.  He  desyred  to  know  how  they  could  be  ansuerable 
for  what  they  wer  doing,  since  they  wanted  the  Kings  warrant.  He  added, 
furder,  that  it  was  ane  unjust  thing  to  fall  upon  Marishall  upon  a  supposall 
that  he  would  persew  them.  Furder,  he  saide  that  the  King  was  mor 
sparing  to  engadge  then  they,  and  it  was  reported  that  thinges  wer  lycke  to 
close  in  a  treatye ;  and,  finally,  prayd  them  for  to  be  defensive  at  least,  if 

sounds  the  retreat,  and  comes  immediately  back  to  Turreff,  takes  meat  and  drink  at  their 
pleasure,  and  fears  Mr.  Thomas  Mitchell  minister  at  Turreff  very  evill.  And  so  this  com- 
mittee was  after  this  manner  discharged  at  this  time."  Spalding,  Hist,  of  Troub.,  vol.  i. 
pp.  133,  134.] 

*  May  fifteenth.  They  marched  to  Aberdeen,  the  cheife  of  them  called  the  Barrens, 
[Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  134.] 


Ch.  XLIII.]  HISTORY  OF  SCOTS  AFFAIRS. 


261 


they  will  needs  stancle  still  in  armes.     But  all  that  he  spocke  was  hearde    A.  D.  1639. 

with  impatience  of  the  most  pairt,  and  by  many  he  was  esteemed  no  better 

then  ther  eneniye,  and  by  some  he  was  entertaind  with  scornefull  langwage; 

particularlye  by  Sir  George    Ogilvye  of  Banfe,  a  maine  stickler  at  that 

tvme  in  all  thes  extravagantes :    Who  ansuered  Straloche,  (whilst  he  profered 

to  goe  and  deale  withe  Marishall  for  assuraunce  not  to  molest  them,  and 

shewed  them  that  it  was  unjust  to  fall   upon  Marishall  without  discharging 

with  him  ;  and  if  they  would  doe  so,  he  would  goe  betuixt  them,  though  he 

should  be  iirst  killed,)  "  Goe,"  sayes  Banfe,    "  since  yow  are  desyrouse  so 

to  doe,  and  bee  our  qwarter  master  and  harbinger,  and  lett  Marishall  know 

we  ar  comminge." 

Thus,  undesyrd  by  them  (who  at  this  tyme  wer  called  the  Barrens,  and  ther 
actings,  by  way  of  derisione,  The  Barrens  Raigne),  Strathloch  tooke  jour- 
ney towards  Dunnoter;  and  they,  in  the  afternoone,  horse  and  foote,  crosse 
the  bridge  of  Dee  in  great  haiste.  But  that  night  they  turnde  westward  some 
ten  myles,  marching  upp  Dee  syde  towards  Doorrs.*  This  was  that  they 
might  joyne  with  Donald  Farquharson  of  Monaltrye,  one  of  Huntlyes  vassalls, 
who  had  brought  with  him  some  himdereths  of  the  Highlanders  of  Stradee, 
Braemarr,  Strathawine,  and  Glenlivett,  etc. ;  and  to  give  the  matter  a  bet- 
ter face,  had  with  him,  in  companye,  Lord  Lwdovicke  Gordone,  Huntlyes 
third  Sonne,  who  had  brocke  away  from  his  grandmother  at  the  Boige  of 
Gight,  and  had  forsackne  the  scoole  and  his  tutor,  leaping  over  the  walles  so 
hazardously,  as  he  went  neer  to  breacke  one  of  his  armes.  He  (I  saye)  in 
Highland  habite,  being  as  yet  a  young  boye,  had  the  name  of  leader  to  thoise 
Highlanders  who  in  the  morning  joynde  with  thes  who  having  come  out  of 
Aberdeen,  had  lyne  all  night  in  the  opne  feeldes. 

XLIII.   That  night  that  the   Barrens  with  their  forces  marched  from  Meantime 
Aberdeen,  Strathloche  went  before  them  towards  Stouehyve,  whor  Marishalle  Stiathlocli 

II-        goes  to  Uiin- 

laye,  gwarded  with  some  few  foote  and  horse  hard  by  Dunnoter  ;  and  havmg  notter  to 
made  Marishall  acqwaynte  with  ther  proposalle,  it  was  ansuered  him  that,  for  Marshall. 

idis  3nswGr. 

his  pairt  he  was   Huntlyes  freende,  and  intended  for  to  worong  none  of  his  Gordons  dis- 
followers  furder  then  necessitye  and  the  obligatione  of  Covenant,  wherunto  band. 
he  was  sworne,  should  tye  him  ;  telling  them  withall  that  if  he  gott  orders 
from  the  Tables  he   wold  marche  against  them,  but  if  otherwayes,  not ; 
for  the  reste,  if  they  would  persew  him,  he  behoved  to  see   to  his  oune  de- 
fence .(i) 

*  May  twentieth,  They  goe  to  Dooers. 
(1)  [Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  136.] 


262  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  With  this  ansuer,  Straloche  returned  to  the  Barrens  qwarter,  not  farr 
from  Doorrs,  in  the  morning  betymes  ;  wher,  after  a  course  supper  and  lying 
on  the  grounde  all  night,  he  founde  them  a  greate  deale  mor  tractable  then 
they  wer  the  afternoone  befor  in  Aberdeen.  In  company  with  Strathloche 
was  James  Burnett  of  Cragmyle,  brother  to  Sir  Thomas  Burnett  of  Lyes 
(a  gentleman  of  great  wisdome,  and  one  who  favoured  the  King,  though  he 
dwelt  amongst  the  Covenanters,  yet  loved  and  respected  by  all),  whom  the 
Earle  Marishall  sent  comissioner  to  the  Barrons  with  his  answer. 

The  event  was  beyond  expectatione,  for  thes  who  wer  so  high  and  ex- 
orbitant the  last  daye,  grew  wearyd  in  a  nights  staye :  Yet  they  spocke  the 
old  langwage,  studying  upon  nothing  but  a  faire  retreate.  James  Burnett 
of  Cragmyle  delyvered  Marishalls  commissione  in  faire  termes  to  them  ; 
but,  after  much  idle  raunting  and  jangling,  when  they  could  scarce  tell  what 
they  would  be  at,  Straloche  in  ende  asked  of  them,  Who  amongst  them  all 
durst  be  answerable  to  the  Marquesse  of  Huntly,  for  to  leade  his  men 
against  the  Earle  of  Marishall,  without  ane  warrant  from  Huntlye,  or  any 
injurye  done  by  Marishall  ?  To  this  ther  was  none  that  could  give  a  re- 
plye  ;  so  that  now,  perceiving  ther  error,  they  disbanded,  and  marched 
awaye  from  the  place  as  confusdly  as  they  had  come  thither  unadvysedlye ; 
reteiring  to  ther  owne  homes,  doing  nothing,  except  that  the  Highlanders 
plundered  the  countrey  coming  or  goinge,  a  thing  verye  vswall  with  them. 
A  number  of         XLIV.  A  number  of  the  Barrons  and  ther  followers  returnd  to    Aber- 

the  Barons  re-  ^j  whairof  Marishall  beinjj  advysed  by  sure  intelligence,  gathers  all  that 

turn  to  Aber-  n         j  j  e  '  e 

deen,  where      he  could  macke,  with  resolutione  to  crye   qwyttance  with   them,  and  for  to 

Marshal  beats  si„.p,.yge  them  :  But  they  gott  tymouse  advertishment,  and  made  ther  retreate 

ters.  ill  Marishalls  sight,  who,  with  his  men,  foote  and  horse,  did  enter  the  towne. 

This  is  that  ridicolouse  actione  which  was  calld  afterwardes   commonly  the 

Reade  of  Dorres,  scarce  worth  the  recording,  except  to  lett  see  how  easily 

the  most  gallant  men  bafle  themselves  for  wante  of  leaders  and  resolutione.* 

Gordons  re-  XLV.  From  Aberdeen  the  Barrons  tacke  journey  to  Strabogye  ;  whither 

turn  to  Strath-  j.|jgy  g^j.g  ^^  sooner  come,   and  ftilling  to  new  consultationes,   but   instantly 

theSp'ey.  theye  are  advertished  that  all  the  Covenanters  beyond  Speye,    Seafort,  and 

Agreement       Lovitte,  the  Dumbarres  and   Inneses  of  Murrey,    the  Grauntes   of  Stra- 

and  Innes,        spey,  wer  rysing  to  ane  heade  against  them.   And  withall  they  gott  worde 

•  May  twenty-fourth,  The  Covenanters  souldiours,  being  the  Forbeses  and  Frazers 
men,  fall  upon  tlie  bishop  of  Aberdeens  house,  which  they  had  attempted  befor,  and  doe 
spoyle  it  outright,  and  demolishe  it.     [Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  139.] 


Ch.  xlv.]  history  of  scots  affairs  263 

that  Montrose  was  macking  readye  against  them  lyckwayes,  with  intentione    A.  D.  1639. 
to  come  from  Angusse  as  quickly  as  he  coukle  for  to  crubb  ther  fiirder  in-       7~j 
solencye.   Wherupon  they  soddainly  resolve  for  to  crosse  Spey,  and  breacke  scribed.  Innes 
thes  northerne  forces,  least  they  should  be  environed  on  all  qwarters ;  and  g^'"*  BanfF 
acordingly,  to  the  number  of  about  ane  thousande  foote,   and  betuixt  two  northern  Co- 
and  three  hundred  horses,  they  marche  towards  the  Boige  of  Gight,  wher  all  venanters  dis- 
of  them  having  been  entertaind  and  supped  at  the  coste  of  the   Marquesse    ^" 
of  Huntlyes  mother,  they  crosse  Spey  aboute  sunne  sette ;  and,  under  the 
conducte  of  Banfe,  befor  the  sunne  they  wer  come  within  two  English  myle 
of  Elgyne,  neer  Longbryde,  wher  they  lay  upone  ane  high  grownde. 

The  numbers  of  the  northerne  men  who  wer  gathered  together  exceeded 
them  by  farr,  being  mor  then  two  thousand  foote  and  horse  ther  (some  have 
calld  them  three  thousandO).  Yet  ther  unexpected  comming,  and  the  diverse 
inclinationes  and  interestes  of  thes  northerne  men,  besyde  that  they  wer  all 
but  countreymen  and  not  trained  souldiours,  and  the  fame  of  the  Gordens 
ther  victory  at  TurreiF,  qwelld  the  stomaches  of  such  as  wer  in  Elgyne. 
Wherupon  they  resolve  upon  a  parlee ;  to  which  pourpose,  by  common 
consent.  Sir  Robert  Innesse  of  Innesse  (who  was  esteemed  as  wyse  and 
gallant  a  gentlman  as  any  within  Murrey)  was  designed  commissioner.  He 
gave  them  faire  langwaidge,  and  shewed  them  that  the  only  reasone  why 
they  armed  was  to  gwarde  ther  oune  countrey ;  but  meand  for  to  molest 
none  that  belonged  to  the  Marquess  of  Huntly,  ther  neighboure.  After 
some  overturs  proposed,  Banfe  fell  to  an  agreement  with  Innes,  as  com- 
missioner, in  the  termes  following,  r«r. :  That  such  as  dwelt  beyonde  Spey 
should  not  crosse  the  river  Spey  at  any  tyme ;  and  that  they  shoulde  not 
acte  any  thing  praejudiciall  to  Huntlye  nor  his  familye,  nor  joyne  with  ther 
enemyes.  This  was  drawne  upp  in  articles,  and  appoynted  for  to  be  sub- 
scrybed  by  all  the  cheefe  of  the  Covenanters,  conveend  at  Elgyne,  and  it 
was  undertackne  that  it  should  be  so  done ;  and  to  this  pourpose,  Walter 
Wrqhward  of  Crombye  was  sent  to  see  the  capitulatione  subscrybed  by 
all. 

But  the  uppshotte  of  all  was  Innesse  his  drawing  Banfe  to  a  private  con- 
ference ;  after  which  tyme  Banfe  was  never  mor  cordiall  in  the  Kings  service. 
True  it  is,  some  whyle  after  he  temporised  and  went  along  with  them  ;  and 
after  the  pacificatione  came  to   courte,  wher  the  King  caused  give  him,  in 

(1)  [Spalding  says  they  were  about  four  thousand  in  number.  Hist,  of  Troub.,  vol.  i., 
p.  140.] 


264 


HISTORY  OF  SCOTS  AFFAIRS.        '  [B.  IV. 


A.  D.  1639.    anno  1641,  ten  thousand  merkes  in  gold ;  but  after  thes  tymes  he  never  did 
engadge  any  mor. 

And  then  for  the  subscriptione  of  the  paper,   it  was  delayed  by  Seafort 
to  be  subscrybed  till  the   Gordons  pairty  disbanded,  who  stayed  no  longer 
then  the  agreement  was  past,  but  crossed   Spey  homewardes ;    so  all  that 
expeditione,  lycke  the  former  at  Dorrs,  vanished  in  smoake,  and  proved  to 
no  pourpose  ;  except  only  that  the  northerne  Covenanters  wer  so  afrighted 
therwitb,  that  for  that  tyme  they  disbanded,  and  troubled  not  Huntlyes  fol- 
lowers any  mor  that  yeare. 
Montrose  col-       XLVI.  Whilst  thes  things  are  a  doing,  Montrose  mackes  ail  the  haiste 
■o*^  p  u'^"^'"^]'  ^^  '^^'^  ^"'^  ^°  gather  such  as  wer  under  his  commande ;  the  Forbesses  and 
Aberdeen  to     Frazers,  after  ther   being   frighted  from    Turreife,   having    sent   severall 
Ud       n  desyres  to  him  to  macke  haiste.    He   came  just  about  the  tyme  that  the 

disband.  Mon-  Barrons  came  backe  from  Murrey.  He  had  in  his  companye  most  of  the 
trose  lays  siege  cavallrye  of  Mearnes  and  Angusse,  and  some  hundereths  of  foote ;  but  the 
most  considerable  wer  a  regiment  of  Atholo  men,  had  they  been  willing  to 
the  service,  which  most  of  them  distasted,  yet  for  that  tyme  wer  forced  to 
complye.  Montrose  having  past  by  Aberdeene,*  came  the  next  night  to 
the  kirke  of  Udnye,  which  was  made  use  of  by  the  souldiours  for  a  qwarter 
N.  B.  not  only  for  men  but  for  horses  ;  and  the  morrow,  at  ther  marching,  the 
churche  was  left  spoyld  with  horses  dunge  :  a  practise  then  unuswall,  though 
afterward  it  grew  to  be  mor  in  fashione  to  turne  churches  to  stables ; 
specially  after  Oliver  Cromwell,  by  the  treachery  of  unnaturall  countrey 
men,  garrisond  Scottland  with  the  English  souldiours,  whom  he  had  cor- 
rupted for  his  oune  villanouse  and  lewde  designes. 

His  intentione  was  to  besoidge  the  houses  of  the  gentlemen  of  the  Gor- 
dones;  for,  upon  his  appearance,  the  Barrons  wer  disbanded,  and  evry  one 

*  May  twenty-fifth,  Montrose  enters  Aberdeen  agane,  and  the  next  day  his  men  fell  to 
kill  all  the  dogs  about  the  towne,  because  it  was  reported  that  in  derisione,  some  tyme  befor, 
ther  had  been  a  blew  ribbon  tyed  about  a  dogges  necke.  ["  The  haill  house  dogs,  messens 
and  whelps  within  Aberdein  wer  killed  and  slaine  upon  the  gate,  so  that  neither  hound  nor 
messen  or  other  dog  was  left  alive  that  they  could  see.  The  reason  was,  when  the  first 
array  came  here,  ilk  captain,  commander,  servand  and  souUlier  had  ane  blew  ribbin  about  his 
craig  ;  in  dispyte  and  derision  wherof,  when  they  removed  from  Aberdein,  some  women  of 
Aberdein  (as  was  alleadged)  knitt  blew  ribbins  about  their  messens'  craigs  ;  whereat  thu- 
souldiers  took  offence,  and  killed  all  their  dogs  for  this  very  cause."  Spalding,  Hist,  of 
Troub.,  vol.  i.  p.  141.] 

May  twenty-seventh,  Montrosse  causeth  Aberdeen  pay  ten  thousand  merkes  to  his 
souliliours.     [Ibid.'] 


Ch.  xlvii.]  history  of  scots  affairs. 


265 


runne  a  severall  waye,  so  that  Montrose  could  hardly e  tell  wher  to  fynde    A.  D.  1639. 

ane  enemye.     The  first  house  that  he  did  resolve   to   sett  upon  was  the 

castell  of  Gight,  belonging  to   Sir    George    Gordone  of  Gight,  younger, 

who  had  provyded  for  a  seidge,  as  others  of  the   Barrons  had  done,  who 

had   been  upon  the  former  actions,  as  he  was.     Himself  was  within  his 

house,  and  with  him  livtenant  coUonel  Johnstone,  of  whom  I  spocke  befor. 

Montrosse  lay  downe  at  some  small  distance  from  Gights  castell,  planting 

some  feeld  peeces  against  it ;  for  battering  peeces  he  had  not  brought  alonge 

with  him.     After  two  nights  staye  and  summonding  Gight  for  to  render, 

who  refoosed  so  to  doe,  Montrose  was  necessitate  for  to  lift  his  campe  and 

marche  southward  as  qwickly  as  he  coulde ;  without  doinge  any  thing  furder 

then  destroying  some  cornes  neer  Gight  by  ther  horses,  who  did  eate  the 

green  corne  for  grasse. 

XLVII.  The  occasione  of  Montrose  his  speedy  returne  was  an  alarum  Raises  the 

that  he  receaved,  that  James  Viscount  of  Aboynde  was  come  with  a  pairt  of  siege  speedily, 

irr.-  iii-Ai,         being  miorm- 

the  Kings  fleet,   and  souldiours,  and  otficers,   into  the  roade  betor  Aber-  edot'Aboyne's 

deene.*     Therfor,  fearing  that  his  retreate  should  be  stopped  by  his  laund-  arrival  in  the 
ing,  and  that  the  Gordones,  encouraged  by  his  coming  with  helpe,  should  jg^^j 
aryse  anew  to  ane  heade,  and,  withall,  not  altogether  confyding  in  all  thoise  Aboyne's 
who  followd  him,  Montrosse  saw  necessitye  to  be  gone  betymes.    Howbeit,  f^^^L  gj^en 
afterwards  it  appeared  that  fame,  which  enlarges  evry  thing,  spocke  mor  him  by  Hamil- 
broadly  concerning  Aboynd  his  awxiliaryes  then  it  deserved.  'h"'las  Monk ' 

I  told  befor  how  Aboynd,   about  the  tyme  of  his  father  Huntly  his  im-  came  to  visit 
prisonement,  reteered,  and  afterwards  gott  to  the  Kinge  ;  to  whom  having  tjie  Aberdeen 

,.         ,  ,11-1.1  TiTT-  Doctors, 

gottne  accesse,  and  having  shewed  how  his  lather  was  wsed,  the  King  gave 

a  new  warrant  and  patent  of  lievtenantrye  unto  Aboynd  in  place  of  his 
father,  and  ane  order  to  Hamiltoune,  who  was  then  lying  in  the  Firth  of 
Forthe,  for  to  delyver  to  Aboynd  two  thousand  of  the  land  souldiours ; 
whom  he  commanded  Hamiltoune  for  to  cause  transport  and  launde  safe  at 
Aberdeene.  But  Hamiltoune,  who  had  quicke  intelligence  of  all  that  past 
about  the  Kings  hande,  being  advertished  heerof,  upon  praetext  of  scarcity 
of  victwalls  and  sicknesse,  sendes  backe  thes  two  thousand  men  for  England 
befor  Aboynde  came  to  him  with  the  Kings  order  ;  so  that,  when  Aboynd 
came  to  the  Firth  to  Hamiltoune,  he  was  heartily  welcomd  and  feasted,  its 

*  June  second,  Obyne  comes  to  Aberdeen  roade.     [Spalding,  Hist,  of  Troub.,  vol.  i., 
p.  145. 

•2  L 


266  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  true,  and  many  volleys  shott  off  at  drinking  the  Kings  healthe  ;  but  it  was 
shewd  him  that  the  men  wer  gone,  and  all  that  x\boynd  could  procure  was 
four  brasse  feeld  peeces,  and  some  feeld  officers,  and  some  small  qwantitye 
of  ammunitione.  And,  above  all  thinges,  Hamiltoune  gives  to  him  one 
collonel  William  Gunne,  a  Catnesse  man  by  birthe,'')  whom  he  recommends 
to  Aboynd  as  a  trustee  and  experiencd  souldiour,  advysing  him  in  all  thinges 
to  be  directed  by  Gunne.  Meane  whyle  (as  appeared  by  the  event)  Hamil- 
toune gave  secrett  instructions  to  collonel  Gunne  how  to  acte,  as  to  this 
howre  it  is  constantly  affirmed.  With  this  retinew,  about  twelve  or  thirteen 
feeld  under  officers,  and  one  *Mr.  Monke,  ane  English  minister,  (brother 
to  generall  George  Monke,  so  famouse  in  the  after  yeares,)  who  came  from 
Hamiltoun  to  visite  the  Aberdeene  Doctors,  and  made  little  mor  stay; 
as  also  accompanyd  with  the  Lord  Tullibardine  elder,  and  two  of  his 
sonnes ;  came  Aboynd  into  Aberdeens  roade,  with  three  shippes,  two  of 
them  men  of  warre  of  the  fleete  royaU,  of  about  sixteen  gunnes,  and  the 
third  a  Newcastell  collier ;  in  view  of  whom  Montrosse  reteered  south- 
wards. 

Montrose  XLVIII.  Aboynd,  at  his  coming  befor  Aberdeen,  knew  not  of  3Iontrose 

inarched  trom    motione  ;  and  though  he  had  knowne  it,  durst  not  have  attempted  to  stopp 
Aberdeen  the  ?  ,,,•„,.,  ,  p  ,  •  , 

day  preceding  his  retreate,  not  bemg  ane  hundereth  m  all  tor  the  number  oi  his  attendants. 

Aboyn^s  com-  ^^j  Montrose,  who  saw  no  mor  (for  Montrose  marched  from  Aberdeen  the 

conies  on  daye  immediatly  preceedinge  Aboynes  coming  into  the  roade,  who  came 

shore ;  is  met  that  very  evning  after  Montrose  was  gone),  yet  doubtefuU  who  wer  coming 

his  i'ather's  after,  had  as  little  designe  to  hinder  Aboynes  laundinge  ;  so  that,  as  if  both 

friends;  goes  had  agreed  upon  it,  the  one  marched  southward,  and  the  other  immediatly 

hoe-ie  "  therafter  launded  without  any  interruptione.     And  thes  thinges  bring  us 

James  Grant,  unto  the  beginninge  of  the  monethe  of  June,  which  was  the  tyme  that 

^  ^''"  Joh*^""^'  A^oyn*^  arryved  at  Aberdeene. 


ron 

Dow  Gare 


(1)  [According  to  Gordon  of  Sallagh,  colonel  Gun  was  born  at  Westergarthie  in  Suther- 
land. He  was  the  son  of  John  Gun  Robson,  and  of  kin  to  the  Earl  of  Sutherland.  He 
distinguished  himself  in  the  German  wars,  particularly  at  the  battles  of  Norlingen  and 
Witstock.  In  1639  he  was,  along  with  Gilbert  Mcnzies  of  Pitfoddels,  knighted  at  Berwick 
by  Charles  I.,  and  was  subsequently  appointed  a  gentleman  of  the  King's  bed-chamber. 
Not  long  afterwards  he  returned  to  Germany,  where  he  married  "  a  rich  and  noble  lady, 
besyde  the  imperiall  citie  of  Ulne,  vpon  the  Danube ;"  rose  to  the  rank  of  major-general  in 
the  imperial  army ;  and,  in  1648,  was  advanced  to  the  dignity  of  a  baron  of  the  empire. 
Geneal.  Hist,  of  Earld.  of  Sutherland.] 

*  Afterwards  called  Doctor  Nicolas  Monke,  provost  of  Eaton,  made  bishop  of  Hereford, 
January  sixth,  1661,  by  Charles  the  Second  his  mandate.    [He  died  in  December  following.] 


Ch.   XLVIIL]  HISTORY  OF  SCOTS  AFFAIRS.  267 

After  Aboyne  came  a  shore,  he  was  mett  at  Aberdeene  by  severall  of  his    A.  D.  1639. 

fathers  freends  and  followers.      Ther  he  stayed  but  few  dayes,  and  havino-       

caused  proclaime  his  livtenantrye,  with  sownde  of  trumpett,  at  the  merkatt  Aboyne  cen- 
crosse  of  Aberdeene,  he  tooke  waye  for  Strabogye,*  wher  he  presentlye  taking  them 
beginnes  to  isswe  orders  for  conveening  all  that  stoode  for  the  Kino-.  Nor  '"'"  ^'*  party- 
was  he  deceived  of  his  expectatione ;  for,  in  few  dayes  space,  besyde  the 
Low  Countrey  gentlemen,  all  his  fathers  followers,  both  Highlanders  (the 
most  pairt  of  Lochaber  only  excepted,  whom  Argylle  either  tamperd  with 
or  forced  to  keepe  home),  and  Lowland  foote  conveend  and  rendevouzd  at 
Strabogye.  With  them  lyckwayes  joyned  James  Graunt,("  a  sonne  of  the 
family  of  Carron  on  Spey  syde,  with  some  twenty  of  his  followers.  This 
gentleman  had  been  an  out  law  severall  yeares  befor,  upon  a  privat  accompt: 
Which  was  that  his  nephew,  Johne  Grant  of  Carron,  had  been  killed  by  a 
neer  neiglibour  gentleman,  Johne  Grant  of  Bellandallache  ;  which  slaughter 
was  so  recented  by  James  Graunt,  that  for  to  prosecute  the  revenge  therof, 
he  willfully  turnd  outlaw,  and  had  been  prisoner  in  Edinburgh  castell  not 
long  befor,  and  had  made  his  escape  thence  ;  but,  being  weall  descended, 
and  cousin  to  Huntly  on  his  mother  syde,  he  was  protected  in  the  countrey, 
all  being  his  freends  almost,  and  at  this  tyme  owned  by  Aboyne,  although 
the  Covenanters  tooke  occasione  thence  to  traduce  Aboyne  and  that  partye, 
for  tacking  such  associatts  by  the  hande.f 

They  gott  greater  grounde  to  speacke  against  him,  by  Aboyne  his  tacking 
under  his  protectione  one  Johne  Mackgrigour,  a  Rennache  man  borne, 
(knowne  by  the  Irish  nickname  of  Johne  Dow  Geare,(2))  and  a  notoriouse 
robber  ;  yet  was  he  and  his  followers,  about  twenty-four  arrant  theeves  and 
cutthroates,  tackne  in  to  the  partye.  The  additione  of  all  thes,  as  it  con- 
tributed little  to  the  service,  so  it  gave  great  occasione  to  the  Covenanters 
to  upbraide  Abyne ;  who,  being  young  and  inexperiencd,  was  perswaded 
thertoo  by  such  as  either  looked  not  to  his  honor,  or  willfully  strove  to  affront 
him ;  and  the  wyser  and  most  sober  of  his  freendes  wer  very  ill  satisfeed 

*  June  tenth,  Aboyne  marcheth  from  Aberdene  to  Keintor,  wher  he  rendevouseth  his 
followers.     [Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  151.] 

(1)  [The  daring  exploits  of  this  bold  outlaw  are  described  at  length  by  Spalding,  and  the 
historians  of  the  Earldom  of  Sutherland.] 

t  "  Et  a  facinorosissimis  latronibus,  (qui  pacatis  etiam  temporibus  Borealem  illam  Scotiae 
plagam  latrociniis  infestam  habuerunt)  suppetias  lubentes  acciperent,"  etc.  Spang,  Historia 
Motuum,  pag.  360. 

(2)  [See  Spalding,  and  the  Geneal.  Hist,  of  Earl,  of  Sutherland,  passim.'^ 


268  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.    therwith :  And  so  much  the  rather  that  thes  two  bandits,  though  bothe  of 

them  wer  wilHng  to  serve  Obyne,  yet  they  could  not  agree  together ;  but, 

wher  ever  they  mett,  they  wer  lycke  to  fall  to  blowes  with  ther  companyes, 

and  could  hardly  be  kept  asunder.    The  reasone  wherof  was,  because  James 

Graunte  had  killed  one  Pati'icke  Magregore,  brother  to  the  laird  of  Mack- 

gregor,  who  had  undertackne  (by  warrant  from  the  privy  councell)  for  to 

kill  or  retacke  James  Graunt.     This  slaughter  was  as  muche  resented  by 

the  Clangregor  (according  to  ther  Highland  forme)  as  Carrons  slaughter 

was  resented  by  James  Graunte. 

Uc  returns  to        XLIX.  Aboyne  having  gathered  considerable  forces  of  foote  and  horse, 

Aberdeen  re-    ^^  ^j^g  number  of  about  three  thousand  foote  or  mor,  and  about  five  hundred 

iniorced;  pub-  /  ^  /  ,         i    t  •  11  1  •  1    1 

lishes  a  band     horses(')  (though  1  am  not  ignorant  that  ther  numbers  are  saide  by  some  to 

of  abjuration,  have  beene  five  thousand  foote  and  horse),  marches  for  Aberdeene,  after  he 
had  halted  some  dayes  at  Keantor  till  his  reer  should  come  upp :  Wher,  in  op- 
position of  the  Covenant,  he  caused  publish  a  bande  of  abjuratione  of  the 
Covenant,  and  of  all  correspondence  with  the  Covenanters,  with  a  solemne 
oathe  thertoo  adjoyned.(-)  This  oathe  was  tackne  by  suche  who,  for  to  sett 
over  the  present  storme  and  to  shunne  the  plundering  of  ther  goodes,  in  a 
simulate  waye  joyned  with  him  and  rendered.  Nor  wer  ther  many  of  them, 
some  two  or  three  ministers,  and  some  countrey  men,  who  oft'ered  willingly  to 
tacke  that  oathe,  and  subscrybe  for  to  putt  ther  realitye  out  of  suspitione ; 
but,  howsoone  Aboyne  was  brockne,  and  the  pacificatione  had  made  some 
short  settlement,  thes  new  convertes  fell  in  againe  with  the  Covenant,  some 
of  them  mor  violently  then  ever,  therby  for  to  attone  ther  former  apostacye. 
He  was  now  come  to  Aberdeen,  wher  he  laye  in  free  qwarter  for  the  most 
pairt  for  some  dayes,  befor  they  could  conclude  what  to  doe.  Yet  this  mea- 
sure that  Aberdeen  was  served  with  was  easye  in  comparisone  of  ther 
marching  through  the  countrey,  wher  such  as  wer  supposed  to  be  Cove- 
nanters wer  plundered  at  random,  without  order,  by  privat  souldiours.  All 
wer  volunteers,  none  wer  payed ;  therfor  Aboyne  his  partye,  wer  rather 
his  comerads  to  be  requested  then  souldiours  to  be  commanded ;  collonel 

(1)  [Monteth's  Hist,  of  the  Troubles,  p.  48.  Spalding  estimates  Aboyne's  forces  at 
"  about  2500  men,  horse  and  foot,  hieland  and  lowland  men."  Hist,  of  Troub.  vol.  i.,  p. 
152.  Guthrie  says  "  they  were  reckoned  to  be  2000  foot,  and  300  horse."  Memoirs,  p.  57. 
Patrick  Gordon,  in  his  MS.  Abridgement  of  Britanes  Distemper,  says  they  were  "  aboue 
fyue  thousand  horse  and  foote"] 

(2)  [A  copy  of  the  oath  will  be  found  in  Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  148.] 


Ch.  l.]  history  of  scots  affairs.  269 

Gunne,  in  the  meane  tyme,  who  had  the  charge  under   Aboyne,  conniving    A.  D.  l(>39. 
at  thes  thinges. 

L.  Being  now  at  Aberdeen,  and  getting  advertishment  that  Marishall,  in  Read  of 

the  absence  of  Montrose,  was  putting  such  as  he  could  upon  foote ;  first,  col-  y?^'"'        , 
'  °  .  ^  Aboyne  and 

lonel  Gunne  directes,  under  the  conducte  of  lievtenant  collonel  Johnstone,  Gun  march  to 
a  pairtye,   in  the  night  tyme,   twell  myles  sowthwards  from  Aberdeen  to  Stonehaven ; 
Stanehyve  (or  Stoneheaven  rather),  ane  village  with  ane  sea  port,  hard  by  cannon  ship- 
Dunnoter,  who  plunderd  some  countrey  houses  as  they  went  thither  ;  and  I""''- 
without  doing  any  thing  but  pistolling  one  centinell  at  Stonhyve,  returned 
to  Aberdeen,  and  tould  that  they  saw  few  or  no  souldiours  ther:  For  no  body 
would  staye  to  give  them  intelligence,   the   countrey  people  running  evry 
wher  out  of  ther  waye,  and  some  of  them  flying  out  of  ther  bedds  nacked  in 
their  shii'ts,  who  runne  to  the  neerest  rockes  on  the  sea  syde  ;  so  formidable 
was  ther  very  name.    And  that  nights  worke  for  distinctione,  or  out  of  deri- 
sione,  was  termed  the  Reade  of  Cowye. 

At  last,  in  Aberdeen,  it  was  concluded  by  Obyne  and  Gunne  and  his  freendes 
and  followers,  that  they  would  march  sowthwardes  towards  the  Angusse ;  sup- 
posing that  such  as  wer  the  Kings  freendes  in  thes  places  would  joyne  with 
them,  specially  the  Ogilvyes  ;  and  that  ther  numbers  would  grow  as  they 
marched  alonge ;  and  that  they  would  mantane  ther  army  upon  ther  enemyes, 
the  Covenanters,  by  free  qwarter  and  plunder,  or  force  all  to  joyne  with 
them ;  and  if  any  wer  in  the  countrey  of  standing  forces,  they  did  putt  no 
questione  but  they  would  break  them  :  Finally,  if  the  Covenanters  should 
drawe  oif  a  pairt  of  ther  armye  (which  was  lying  at  Dunce  Law,  that  tyme 
confrontinge  the  Kinge,)  for  to  beare  upp  or  fight  Obyne,  then  they 
tooke  it  for  graunted  that  they  durst  not  draw  off  so  many  as  would  over- 
power them  who  foUowd  Obyne  ;  or  if  they  did  it,  the  rest  of  ther  army 
would  be  so  inconsiderable  that  the  King  would  have  a  fair  occasione,  with 
little  adoe,  to  fight  and  breacke  them ;  and  after  that,  that  it  would  be  hard 
for  the  Covenanters  to  recruite  ;  for  themselves  did  resolve  to  fight  or  draw 
off  towards  the  hills  and  stronge  grounds,  as  they  saw  occasione  or  advaun- 
tage.  I  could  never  learne  mor  of  ther  projecte  ;  and  if  this  was  fezable  or 
not,  I  leave  it  to  the  reader  to  judge. 

However,  with  this  resolutione,  they  marche  from  Aberdeen  upon  the 
fourteenth  daye  of  June,   Frydaye,  giving  order  for  the  shippes,  which  had  June  14. 
come  alonge  with  Aboyne,  for  to  saile  alonge  the  coast  and  attende  ther 
motiones.    And,  for  to  save  them  the  labour  of  carriadge,  collonel  Gunne 


esso. 


270  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  commanded  the  four  brasse  feeld  peaces  and  the  spare  ammunitione  which 
Hamiltoune  had  givne  them,  for  to  be  shipped  into  ane  shipp  belonging  to 
the  Kinge ;  tacking  with  them,  by  launde,  four  other  feeld  peeces  which  be- 
longed to  Huntlye,  and  as  muche  ammunitione  as  they  could  transporte. 
That  night  that  they  came  from  Aberdeene,  being  Frydaye,  they  quartered 
all  night  about  the  castell  of  Muchalls,  in  Mearnes  (belonging  to  Sir  Tho- 
mas Burnett  of  Leyes,  a  Covenanter),  within  eight  myles  of  Aberdeen, 
which  house  was  rifled  by  them  the  next  day  in  ther  returne ;  and  the  night 
that  they  laye  ther  the  cornes  abused,  and  any  thing  else,  as  ther  humors 
served  them,  wherupon  they  could  laye  ther  handes;  for  manye  of  the  coun- 
trey  people  wer  fledde,  and  ther  best  goods  transported  into  the  stronge 
holde  of  Dunnoter,  not  far  distant. 
LieatMuchals  LI.  The  reasone  of  ther  lying  all  night  at  Muchalls  was  intelligence  sent 
Ah"'"^''  them  that  Montrosse,  with  some  forces  of  horse  and  foote,  was  upon  his 
marches  to-  marche  towards  them,  and  that  night  come  the  lenthe  of  Stanehyve ;  which 
wards  Fetter-  ^-j^g  ^rwe ;  but  his  forces  wer  no  mor  then  about  eight  hundred  foote  and 
horse,  all  countrey  levyes,  considerable  for  nothing  (as  unable  to  persew) 
but  for  the  strenth  of  the  place  that  they  lay  into,  or  that  they  had  Dunnoter 
hard  by  for  their  retreate ;  and  Montrosse,  a  gallant  gentleman,  and  Ma- 
rishall,  who  wanted  not  courage,  for  to  leade  them,  with  two  brasse  batter- 
ing pieces,  half  canone,  which  served  them  afterwards  to  great  pourpose, 
and  some  feeld  peeces  tackne  out  of  Dunnoter. 

From  Mucholls  ther  was  a  considerable  forparty  of  horses  sent  off  at 
night,  who  wer  to  lye  hard  by  the  enemy  all  night,  as  they  did;  going  within 
lesse  then  two  myles  of  the  enemyes  qwarter,  then  at  Stanehyve,  little 
mor  then  five  myles  distant  from  Obyne  his  qwarter.  Montross  and  his 
pairtye  kept  themselves  closse  within  ther  workes  at  Stane  hyve  all  night, 
without  any  noyse,  not  offering  to  macke  any  disturbance  or  outfalle  upon 
Aboynes  fore  pairty ;  nor  did  Aboynes  for  pairtye  offer  to  molest  them, 
but  returned  to  the  rest,  early  befor  the  sune  rysinge. 

Upon  Saturdaye,  June  fifteenth,  Aboyne  marched,  soone  after  sunne 
rysing,  towards  Fetteressok  church,  keeping  the  roade  waye  till,  being 
within  a  two  myle  of  Stonehyve  or  lesse,  coUonel  Gunne  gave  order  for  all 
men  to  marche  towards  the  left  hande  ;  wher  upon  ane  heathe  (or  moor  of 
bather)  both  foote  and  horse  were  drawne  upp  in  battaylia,  almost  in  sight 
of  Stanehyve,  which  lay  low  beneath  them.  The  van  was  givne  to  a  troope 
of  volunteer  gentlemen  curassiers,  about  ane  hundereth  in  number,  who  for 


Ch.  lil]  history  of  scots  affairs.  271 

the  colours  caryd  ane  handkercifFe  upon  a  launce.  Thes  wanted  nothing  to  A.  D.  1639. 
have  made  them  servicable  but  some  officer  to  leade  them,  who  had  had  mor 
honesty  then  collonel  Gunne.  The  cittizens  of  Aberdeen  gott  the  first  place 
of  all  the  foote,  who  had  ther  a  tbote  regiment  of  gallant  fyre  men,  weall  ap- 
poynted,  to  the  number  of  about  four  hundred.  The  Highlanders  had  the 
reere,  and  other  troopes  of  horses  wer  putt  to  the  wings  of  the  foote. 

LII.   There  was  something  happned  whilst  the  souldiours  wer  fillinge  ther  Aboyn's  pow- 
bandeleers,  which,  though  it  wer  accidentall,  vet  it  suffered  ane  ill  construe-  der  blown  up 

•'  accidentally. 

tione,  and  was  looked  on  as  ommous  :  That  was  ane  hundereth  pounds  of  Ships  that  had 
muskett  poulder  soddanly  blowne  upp  amongst  the  foote,  by  the  rashnesse  Aboyn's  can- 
of  ane  unskillfull  foote  souldiour ;  who,  for  haist  to  lift  up  his  handes  full  of  der  on  board 
powder,  thrust  in  a  burning  matche  reclessly  amongst  the  whole  heape  of  ''"^en  to  sea. 
powlder,  to  his  owne  great  hurt,  and  of  many  of  the  bystanders,  who  wer  vances  to 
therby  miserably  scortched,  faces  and  clothes :  some  had  ther  eyes  neer  Meagre  hill, 
lost,  but  none  killed.  .^LiT't: 

This  omen  was  seconded  by  another,  as  hurttull,  if  not  mor  ;  for  the  wynde  cond  party 
turnd  immediatly  therafter  to  ther  faces,   wherby  ther  shippes,   that  wer  I^"™  ^tone- 
going  alonge  and  appoynted  to  waite  upon  them,  wer  forced  to  beare  off  to  Aboyn'shorse- 

seawards,  and  could  not  come  neer  them  ;  nor  did  theye  ever  see  them  aaraine  VI?"  J,^''",*'?'' , 

.  •'  o  His  Highland- 

to  this  bower,  so  that  canon  and  ammunitione,   and  the  three  shippes,  all  ers  run  away 
vanyshd  together.  '"  contusion"; 

Whilst  Aboyne  is  standing  with  his  men  drawne  upp,   Montrosse  sent  and  mutiny 
him  a  *letter,  by  way  of  a  complementary  challendge.    It  was  sent  to  gaine  against  Gun  ; 
tyme  upon  Aboyne,  and  to  diverte  him  from  his  begunne  journey  till  mor  companies, 
aides  should  come  to  Montrosse,  for  he  was  expecting  mor  from  the  southe. 
Not  that  Montrosse  thought   that   Stanehyve  was  tenible ;   for  whatever  his 
thoughtes  wer  befor  Aboynes  men  came  in  view,  yet  afterwardes  he  and 
Marishall  despaird  to  keepe  Stonehyve ;  and  wer  resolute,  after  some  canon 
shott,  for  to  reteer  to  Dunnotyre,  a  strong  hold  belonging  to  Marishall  hard 
by  ;  and  to  this  pourpose  sent  a  messenger  to  Dunnotyre,  commanding  to 
keepe  the  gates  opne  for  to  receave  them  befor  ther  enemyes   did  cutt  of 
ther  retreate. 

The  recepte    of   this    letter    seeminglye  inflaimmed   Obyne,   and  much 

•  Whither  such  a  letter  wer  really  sent  or  not,  I  could  never  learne ;  onlye  this  much  I  am 
sure  of,  that  Aboynde  (when  his  party  had  gott  orders  for  to  marche  towards  Stonehyve) 
came  himself  and  told  that  Montrose  had  sent  them  a  letter ;  which  he  tould  very  cheerfully, 
and  desyred  all  to  tacke  courage. 


272  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  pleased  Gunne.  Therfor,  in  all  haist,  foote  and  horse  marche  towards  Stone- 
hyve,  and  come  in  view  therof  at  mor  then  half  a  Scottish  myles  distaunce  ; 
and  ther  wer  drawne  upp  in  battaile  ranke,  upon  the  browe  of  ane  hill 
called  the  hill  of  Meagre,  wher  such  as  wer  in  Stonehyve  had  full  levell  of 
them  with  ther  canone,  which  the  Covenanters  failed  not  to  macke  use  of 
howsoone  they  came  into  ther  view  ;  for  they  made  two  canon  shott  at  the 
horse  troope  of  volunteers,  who  wer  in  the  vann,  which  fell  short  of  ther 
horse  counters  some  yards  onlye,  without  mor  hurt  done. 

Foote  and  horse  being  drawne  upp  within  Ccinon  shott,  collonel  Gunne 
reteered  off  a  little  to  his  breackefast,  drawing  Obyne  with  him,  and  the 
most  pairt  of  his  officers,  without  giving  order  whither  any  man  should  fall 
on  or  march  off;  a  thing  that  all  grumbled  at,  and  smelld  ranke  of  treachery 
to  the  mor  intelligent ;  for  they  thought  it  straunge,  if  he  intended  south- 
wards, that  he  should  stepp  asyde  for  to  disscuss  a  pettye  village,  such  as 
Stonehyve  was,  not  worth  the  gaininge  and  not  tenible  being  wonne,  and  of 
so  little  consequence  ;  that  heerby  he  did  fight  att  oddes  with  the  enemye, 
who  either  would  mantane  it  or  else  macke  a  tymouse  retreate  to  Dunnotyre 
castell,  which  was  not  to  be  gaind  by  all  Aboynes  power.  And,  next,  evry 
one  thought  it  a  very  odde  pranke  for  to  draw  a  number  of  raw  souldiours, 
speciallye  Highlanders,  within  the  mercye  of  the  enemyes  canon  and  reach 
of  ther  shotte,  to  no  pourpose  in  the  world;  and  so  much  the  worse  that  most 
pairt  of  them  had  never  seen  nor  heard  canon  shott  in  all  ther  lyves ;  yet, 
for  a  whyle,  shame  kept  most  in  ther  ranks  till  feare  prevailed ;  and  gallantrye 
and  disdaine  made  others  to  stande  it  out  to  the  last. 

Long  they  had  not  stoode  in  this  posture  till  a  considerable  number  of 
cavaliers,  under  the  conduct  of  Johnstone,  desyred  that  they  might  ryde 
neerer  Stonehyve  and  engadge  the  enemye,  if  they  would  be  engadged  at 
all.  They  said  that  they  wer  not  come  ther  to  looke  on ;  and,  if  the  enemy 
would  keep  in,  they  desyred  that  the  foote  might  be  ledd  ofi",  and  the  ad- 
vauntage  of  the  high  grounde  tackne  which  hanges  over  Stonehyve,  and  is 
in  cover  safe  from  Dunnotyre,  that  from  thence  they  might  both  at  once 
tacke  out  ther  enemyes  out  of  Stonehyve  and  barre  ther  retreate  to  Dun- 
notyre at  ther  backes. 

This  was  the  wholsomest  councell,  if  it  had  been  followed  ;  except  ther 
marching  fordwards  and  neglecting  Stonehyve,  which  the  Aberdeens  men 
scarce  lycked,  fearing  Montrosse  might  doe  mischeefe  in  ther  toun,  now 
left  voide  and  at  ther  backes. 


Ch.  LIl.]  HISTORY  OF  SCOTS  AFFAIRS.  273 

Gunne  was,  with  difficultye,  drawne  to  permitte  a  twenty-four  cavaleers  or 
therby  venture.  Thes  war  not  farr  marched  towards  Stonehyve,  neer  a 
brooke  syde  that  runncs  in  at  Stonehyve,  but  they  wer  rencountered  with 
about  ane  aeqwall  number  of  the  Covenanters  horsemen,  all  gallant  gentl- 
men,  who  came  out  of  Stonehyve  to  meete  them ;  and  this  was  the  first 
tyme  that  ever  the  Covenanters  stoode  ther  ground  at  the  distaunce  of 
shott.  Many  pistoll  shott  wer  exchanged,  but  at  too  great  distaunce  on 
both  sydes  most  shottes ;  otherwayes  the  continwall  motione  of  ther  horses 
preveend  all  hurt.  Some,  by  the  restivnesse  of  ther  owne  horses  wnused 
to  service,  wer  throwne  to  the  grounde.  All  the  losse  that  was  sustained 
at  ther  first  rencounter  was  the  killing  of  William  Seaton  of  Shethinn  his 
horse,  not  by  the  Covenanters  horse,  but  by  ane  hardye  fellow,  ane  Aber- 
deens  traidesmane,  who  had  fledd  to  the  Covenanters  as  fancying  them 
most ;  who,  tacking  the  advauntage  of  a  plott  of  high  grounde  that  over- 
looked the  place  wher  both  partyes  piched,  did  lett  flee  about  a  dosen  of 
muskett  shott  amongst  Abynes  cavaliers  and  then  gott  of :  any  hurt  that 
was  done  was  by  him.  The  Covenanter  horse,  after  a  whyles  stay,  be- 
ganne  to  fall  backe  to  Stonehyve,  hard  by  them  ;  but  ther  they  wer  seconded 
with  a  fresh  pairtye,  by  whoise  asistaunce  Aboynes  cavaUiers  wer  forced 
to  give  grounde,  till  such  tyme  as  the  rest  of  that  troop  to  which  they 
belonged,  impatient  to  see  ther  freends  reteer,  fell  in  to  ther  rescwe,  with- 
out order ;  such  as  pleased  falling  in,  and  such  as  wanted  courage  keeping 
oif.  But  no  sooner  did  the  Covenanter  horsemen  fynde  a  mor  consider- 
able number  of  horse  drawing  neer,  but  instantly  they  tacke  them  to  ther 
heels  and  runne  towards  Stonehyve ;  not  for  want  of  courage  but  for  to 
draw  the  Anti- Covenanter  horsemen  fully  under  ther  shott,  as  it  fell  out.  For 
most  pairt  of  them,  upon  a  mistacke,  did  persew  them  so  eagerly  that,  ere 
they  wer  aware  they  wer  under  the  muskett  shott  of  Stonehyve  ;  Johnstone 
only  being  sensible  of  ther  error,  and  calling  to  them  to  reteere  ;  but  that 
was  in  vaine,  tUl  Montrosse  pairty  beganne  to  lett  flee  at  them  both  with 
his  two  half  canon  and  with  severall  feeld  peeces  tackne  off  of  Dunotyre 
for  that  purpose,  as  also  with  muskett  shott  after  that  he  had  seen  his 
owne  horsemen  safely  under  cover ;  so  that  now  they  who  but  immediatly 
befor  wer  so  eager  in  ther  ])ersuite  wer  glade  to  runne  of  in  disorder,  not 
having  any  enemy  to  cope  withall  but  canon  and  muskett  shott :  Which 
retreate  did  put  ane  end  to  that  dayes  actione. 

After  Aboynes  horsemen  wer  come  oS  againe,  Montrose  beganne  to 
2  M 


274 


HISTORY  OF  SCOTS  AFFAIRS. 


[B.  IV. 


Aboyn  sends 
to  Aberdeen, 
ordering  his 
men  to  re- 
turn.    This 
called  The 
Read  of  Stone- 
haven. 


macke  some  canon  shotte  amongst  Obynes  foote  bi-igades  ;  who  all  this  whyle 
had  stoode  at  ther  owne  leisour  looking  upon  the  horsemen  ther  bloodlesse 
skirmishinge,  with  collonel  Gunne  as  unconcerned  as  anye.  Some  few 
shottes  did  alight  amongst  them,  wherby  two  or  three  wer  either  maimed 
or  killed  ;  whiche  so  aftrighted  the  Highlanders  who  stoode  farrest  off,  that 
without  expecting  any  worde  of  commando,  they  did  runne  of,  all  in  a  con- 
fusione,  never  looking  behynde  them,  till  they  wer  gott  into  a  mosse,  or 
fast  grounde,  neer  half  a  myle  distaunte  from  the  hill  of  Meager.  Nor  could 
they  be  withheld  from  running,  by  any  meanes  or  perswasione  of  such  as 
Aboyne  caused  for  to  ryde  upp  and  downe  amongst  them,  for  to  reclaime 
them,  albeit,  all  in  vaine. 

The  example  of  the  Highland  foote  made  the  rest  of  the  foote  for  to 
reele,  for  the  most  pairt ;  who  beganne  now  to  mutinee  against  Gunne,  so 
that  in  the  ende  he  gave  order  to  draw  them  in  covert  backwarde  from  the 
sight  of  Montrose  his  two  so  formidable  halfe  carthawes  :  And  there  was  a 
necessity  for  him  so  to  doe,  for  otherwayes  they  would  have  gone  off  of  ther 
owne  accorde. 

This  tooke  upp  all  the  fornoone  of  the  daye.  And  now  the  Highlanders 
beganne  to  dropp  awaye  and  marche  off  in  whole  companyes ;  and  such 
of  the  foote  as  pleased  beganne  by  twentyes  and  threttyes  to  goe  backe 
to  Aberdeene ;  whilst  a  pairty  of  horse  stood  still,  in  the  mercye  of 
Montrose  canon,  to  maske  the  retreate  of  ther  foote,  and  to  conceale 
ther  unorderly  retreate,  whilst  no  body  persewd  them,  and  none  of  the 
enemye  so  neer  as  half  a  Scottish  myle.  All  thes  passages  wer  unknowne 
to  Montrose  syde,  who  still  stood  in  doubte  of  the  event,  and  therfor  made 
no  shotte  at  the  horsemen,  after  the  foote  wer  reteered ;  suspecting  belycke 
that  the  foote  wer  circumveening  them,  and  going  about  some  other  waye. 

LIII.  Aboyne,  being  advertished  of  the  retreate  of  the  Highlanders,  and 
that  many  without  licence  wer  going  backe  for  Aberdeen,  sent  speedily  two 
gentlemen  thither,  who,  in  the  afternoone,  caused  beatt  drummes,  ordering 
all  who  wer  come  off  to  come  backe  to  Aboynes  qwarter,  under  all  highest 
paines.  But  scarce  was  this  proclamation  made,  when  Aboyne  and  all  who 
wer  with  him  came  backe  to  Aberdeen  against  Saturday  at  night :  And 
ther  was  reasone  for  it ;  for,  befor  eeven,  so  many  foote  and  horse  wer 
shrunke  from  him,  that  the  Mearns  would  have  been  too  hotte  for  him  to 
have  stayed  in  it  a  night  longer,  so  neer  Montrose  qwarter. 

Most  pairt  loosd  ther  heartes,   and  saw  Aboyne  gwyded  only  by  collonel 


Ch.  liv.]  history  of  scots  affairs.  275 

Gunne,  and  his  actions  palpably  grosse;  so  that  many  never  did  returne  A.  D.  1639. 
againe  at  alle,  though  otherwayes  gallant  gentlemen,  and  considerable  for 
attendents.  But  all  the  foote  in  a  manner  shrunke  awaye,  so  that  the  very 
next  daye  Aboyne  was  necessitated  for  to  send  orders  towards  Strabogye 
launde,  and  other  places,  to  fetche  them  back  againe.  This  is  that  actione 
knowne  so  weall  afterwardes  under  the  name  of  The  Reade  of  Stonehyve, 
so  ridicoulously  and  grossly  managed  that  in  all  the  warre  nothing  can  be 
recounted  lycke  it.  Ther  wer  about  four  thousand  foote  and  horse,  as 
gallant  and  resolute  and  weall  appoynted  men  as  wer  to  be  found  in  Scott- 
lande,  yet  all  scattered,  by  evill  and  treacherouse  conducte  of  collonel 
Gunne.  When  Montrosse  afterward  came  over  to  the  Kings  pairtye,  he 
carryd  great  actiones  and  victoryes,  with  farr  fevver  numbers  ;  and  most  of 
thes  who  wer  the  actors  (if  yow  except  about  thirteen  hundred  Irishes)  wer 
thes  very  foote  and  horse,  who  at  the  tyme  wer  so  easily  brockne,  and  ren- 
dered contemptibly  ridicolouse. 

LIV.  Montrose  being  instantly  advertished  both  of  Obynes  retreate  and  Montrose  fol- 

his  forces  ther  disbanding,  resolves  that  he  will  turne  persewer,   and  stand  S.'^J  Aboyn. 

,„.  A1T-  Outguards 

no  longer  defencive.     And  to  this  pourpose  he  advanceth  upon  Mundaye,  skirmish. 

June  sixteenth,  towards  Cowye,  within  a  myle  of  Stonehyve;  drawina-  alonff  Aboyn  pos- 

./       '  D  c  s(>ssgg  the 

with  him  his  victoriouse  demicannon  and  some  feeld  peeces,  and  with  him  brid<j-e  of  Dee. 
Marishall.  His  forces  beganne  to  grow,  by  the  accessione  of  some  foote  Resistance  by 
companyes  sent  to  him  from  Dundee,  and  some  mor  horsemen  from  Angusse  men;  Dundee's 
and  the  neerest  places,  about  three  hunderethe  in  all.  men  repulsed. 

Aboyne,  who  had  yet  about  him  a  number  of  the  best  of  his  cavallry,  gott  cannon " 
as  quickly  advertishment  of  Montrose  motione  :  and,  to  be  sure  of  it,  a  brought  up ; 
pairty  was  directed  from  Aberdeen  towards  Stonehyve.     Thes  cominge  the  "V^t(f cr^oss 
lenth  of  Elsicke,  within   six  myles  of  Aberdeene,  a  forpairtye  of  aeqwall  at  Banchory ; 

number  of  Montrosse  cavaUry  rencounter  ther  forpairtye,  beinff  about  seven  !?  'o^'^^ed  by 
•'  _  r        J    '  o  ^        tlie  cavalry  by 

on  the  syde.     Some  wer  hurt  on  either  syde,  and  the  result  was  the  beating  Gun's  advice, 
of  Montrosse  seven  horsemen,  two  of  them  tackne  prisoners ;   Thomas  Fo-  Johnston 

wounded  ;  de- 

dringhame  of  Dunoen,  by  Johne  Gordone  of  Fechill,"'  and  [  ]  Ogilvy  fendants  dis- 

of  Powery,  younger,  by  Nathaneele  Gordone.  Powry  had  some  hurts,  but  couraged  re- 
not  deadly.  Both  of  them  wer  carryed  along  to  Aberdeen,  that  same  jeen.  Gun 
night,  prisoners,  and  putt  in  safe  but  free  and  honourabill  custodye.  "n;l  Arradoul 

At  night  ther  was  another  partye  directed  from  Aberdeen,  for  to  disturbe  j^j^ 

(1)   [The  author's  brother.] 


276  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.    and  attend  Montrosse  motione.      Thes  did  collonel  Gunne  rather  permitte 
then  order  for  to  goe  out.     Johnston,  who  had  been  that  day  upon  the  first 

Oo\enanters     pairtye,  desvred  licence  for  to  macke  an   infalle   upon   Montrosse  qwarter, 
march  straight  i         J    ^         J  _  r  i  ' 

to  Aberdpen.    offering  to  beate  upp  ther  qwarter,  which  he  shwd  was  very  faecible,  (as  it 
.Tuiip  1(1.  vv'as  indeede)  ;    but  collonel  Gunne  by  no  meanes   would   consent  that  it 

should  be  so.     However,  the  pairtye  that  went  out  upon  Munday,  at  night, 
brought  backe  worde  to  Aberdeen  that  Montrosse  was  marching  closse  at 
ther  heeles. 
•I»»p  18.  Wherupon,  a  little  befor  sunne  rysing,  drummes   beate,  trumpetts  did 

sownde  to  horse,  and  the  Aberdeens  men  wer  commanded  to  arme.  Such 
Strabogye  foote  as  had  not  disbanded  with  the  rest  wer  ordered  for  to  marche 
instantly  out  of  the  towne,  towards  the  bridge  of  Dee,  two  myles  distant 
south-west  from  Aberdeen,  for  to  macke  good  the  passe  of  the  bridge  till 
the  rest  should  come  upp.  Thes  failed  not  to  doe  as  they  wer  commanded, 
casting  trwffes  and  earth,  as  much  as  the  shortnesse  of  the  tyme  would  per- 
mitte, behynde  the  gate  of  the  bridge,  which  standes  upon  the  south  ende 
therof.  This  was  to  some  pourpose,  for  Obyne  had  not  numbers  to  fight 
Montrose  ;  and,  besyde  that,  the  ranes  which  wer  fallne  had  swelled  the 
river  Dee,  so  that  it  could  not  be  crossed  by  horses. 

Immediately  after,  followed  such  horsemen  as  Aboyne  had,  who  came 
upon  the  spurre  to  the  bridge  of  Dee  ;  but  they  wer  no  sooner  come  ther 
then  they  could  espye  Montrosse  forces,  upon  the  high  grounde  beyond  the 
bridge,  at  a  qwarter  myle  of  distaunce ;  who,  seing  Aboynes  pairtye  pos- 
essed  of  the  bridge,  made  a  stande,  and  fyred  ther  two  peece  of  half  can- 
non upon  Aboynes  cavallrye,  which  fell  short  of  the  formost  ranke.  They 
had  gotte  closse  to  the  bridge  out  of  curiositye  to  gett  a  fuller  sight  of  the 
enemye  ;  therfor  they  wer  commanded  to  reteer  to  safer  grownde,  since 
ther  standing  ther  was  uselesse  at  that  tyme.  Ther  retreate  gave  the 
enemy  a  fuller  view  of  them,  who  heerupon  discharged  upon  them  sixteen 
shott  of  feekl  peeces,  besyde  ther  two  half  canone.  After  the  horsemen 
wer  gott  upp  from  the  bridge,  Montrosse  pairty  made  some  canon  shot  at 
ther  bodye,  but  without  any  hurt  done. 

And  by  this  tyme  the  Aberdeens  companyes,  about  four  colours,  wer 
com  upp  to  the  bridge,  and  the  horsemen  drew  under  covert.  Befor  ever 
they  could  approache,  Montrose  caused  discharge  some  cannon  shot  amongst 
them,  without  hurt  doing  to  anye  all  this  whyle ;  and  howsoone  ther  com- 
manded partye  took  upp  ther  poste  upon  the  long  bridge,  of  seven  arches, 


ch.  liv.]  history  of  scots  affairs. 


277 


the  Covenanters  beganne  to  discharge  ther  battering  peeces  against  the  A.  D.  1639. 
ravehngs  of  the  bridge,  and  to  fall  on  with  partyes  of  commanded  men, 
musketeers.  The  Aberdeens  men  stoode  to  it  gallantlye,  and  all  that  daye 
continowd  giving  fyre ;  Johnston,  ther  townesman,  stille  asisting  and  en- 
couraging them.  Nor  losed  they  any  man  that  daye,  save  one  Johne  For- 
besse,  a  burgesse  of  Aberdeen,  who  was  shotte  deade  thorough  the  heade, 
having  been  levelled  at  by  a  gentlman  of  the  other  partye,  [  ]  of 

Dunsmill.  And  now  ther  women  and  servants  wer  become  so  couragiouse, 
that,  after  two  or  three  houres  service,  they,  raisregarding  canon  and 
muskett  shotte,  went  and  came  to  the  bridge,  with  provisione  and  neces- 
sairs  for  ther  freendes  and  relationes  who  wer  upon  service. 

After  noone,  the  companyes  of  Dundee,  aemulouse  of  the  Aberdeen  cit- 
tizens,  desyred  to  be  lettne  storme  the  bridge,  which  Montrose  readily 
yeelded  too.  Two  companyes  fell  on,  under  the  commande  of  one  captain 
Bonner,  but  they  founde  so  hotte  a  welcome  from  the  Aberdeens  men  that 
they  made  a  quicke  retreate ;  which  was  seconded  with  the  whooping  and 
hallowing  of  such  as  wer  looking  on  who  mocked  ther  poor  bravado. 

The  service  continowd  till  the  night  came,  both  sydes  rather  being  wearye, 
then  it  fallinge  darke,  for  ther  is  no  sky  sett  then  in  the  north  of  Scottland. 
Both  sydes  intromitted  till  the  morninge  of  the  next  daye,  June  nineteenth  ;  .lune  19. 
and  then,  in  the  fornoone,  they  beganne  afreshe.  Montrosse,  who  thought  '^'  '"'^"  ^^' 
such  a  delaye  little  better  then  to  be  beatne,  caused  draw  his  two  half  canon 
within  neerer  distaunce  to  the  bridge  in  the  night  tyme ;  and,  by  helpe  of 
the  daye  light  comming,  did  cause  leveUe  them  against  the  port  of  the 
bridge  of  Dee,  that  both  they  might  brashe  the  gates  of  the  porte  and 
scoure  the  bridge  all  alonge.  For,  the  day  befor,  most  of  the  canon  shott 
wer  made  against  one  of  the  corners  of  the  porte  which  looked  to  the  south 
west ;  wherby  one  of  the  two  small  watche  turretts  upon  the  sydes  of  the 
porte  was  much  shattered  in  the  topp  of  it,  being  all  hewed  stone,  as  all 
that  bridge  is,  being  one  of  the  gallantest  in  Scottlande,  if  not  the  state- 
lyest  itselfe.  But  the  defendants  could  not  thus  be  drivne  to  leave  it,  albeit 
the  canon  shotte  had  brockne  the  porte  its  gates,  and  scoured  the  way  of  the 
bridge  all  alonge.  Aboynes  horsemen  lyckwayes  drew  near  for  to  second 
thefoote;  which,  Montrosse  espying,  made  a  feint  with  a  pairt  of  his  horse- 
men, causing  them  ryde  uppwards,  along  the  syde  of  the  river,  as  if  they 
meand  to  have  crossed  it  neer  Banchorye.  Collonel  Gunne,  who  could 
espy  no  occasione  befoi'  to  draw  off  the  horsemen,  cryes  to  martche  up  the 


278  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

river  syde  and  stopp  Montrosse  his  crossing.  It  was  told  him  ther  was  no 
daunger,  that  but  lately  the  foordes  had  been  tryed  and  founde  unpassable. 
But  no  assurance  could  serve  his  turne  who  would  not  beleeve  that  which  he 
knew  to  be  true :  therfor,  fordwards  upp  the  river  he  goes  ;  and  now  his 
horsemen  being  in  full  view  of  the  enemyes  canon,  and  at  neer  distaunce, 
the  Covenanters  beganne  againe  to  lett  flee  some  shott  at  them.  It  was 
with  one  of  thes  that  a  gallant  gentleman,  Johne  Setton  of  Pettmedden,  was 
shott  deade,  most  pairt  of  his  body  above  the  saddel  being  carryd  away  and 
qwashed  by  ane  half  canon  shott.  This  following  upon  Gunnes  willfull  re- 
treate,  discouragd  the  cavalree  a  little,  who  beganne  to  speacke  out  that 
collonel  Gunne  was  betrayng  them.* 

*  Nota.  Spang,  in  his  Historia  Motuum,  tells  us  that  at  the  bridge  of  Dee  two  wer  killed 
only  upon  the  Covenanters  syde  (which  is  truth)  ;  but,  u])on  the  other  syde,  "  desiderati  plus 
minus  quinquaginta,"  id  est,  fiftye  or  therby  wer  killed  and  many  wounded.  Yet  ther  wer 
never  mor  heard  of  or  seen  but  two  killed(i)  only,  and  one  or  two  Aberdeens  men  wounded, 
collonel  Johnston  and  one  captain  James  Gordone  shott  through  the  legge. 

As  truly  he  tells  us,  that  in  all  the  rest  of  the  troubles  in  the  north  that  no  bloode  was 
drawne.  Thes  untruthes  of  his  I  taeke  notice  off,  because  I  know  the  contrare  to  be  true, 
by  as  sure  proofe  as  could  be  had  of  matters  of  facte,  if  many  wittnesses  can  be  beleeved, 
and  if  mens  eyes  can  be  trusted.  Spange  is  ane  arrant  Iyer,  and  his  informer  lyckwayes, 
who  did  wryt  over  such  a  lye  to  Holland  to  him.  [The  passage  in  Spang  here  referred  to 
is  the  following  :  "  Dum  haec  ad  limites  &  confinia  regnorum  agerentur,  in  Borealibus  Scotise 
provinciis  vice-comes  Boinius,  adeptus  post  secundam  fugam  peritos  aliquot  belli  duces,  & 
apparatum  bellicum  Berwico  cum  navibus  transmissum,  captata  Montis  Rosarura  &  Mares- 
challi  absentia,  niagnas  turbns  movet,  &  ducem  se  factioni  exhibct ;  ad  quern  convolarunt 
omnes  regiarum  partium,  exquibus  speciem  quandamexercitus  confecit,  prsesertim  si  numerus 
&  copiarum  ductores  soli  numerarentur  :  Et  horum  quidam  cum  omnem  spem  suam  in  celeri- 
tate  ponerent,  magnis  itineribus  in  Australiores  Merniae  &  Angusife  ac  Taithite  provincias 
contendendum  esse  suadebant,  ut  fcederatos  sub  ductu  Montes  Rosarum  &  cset.  vel  incautos  & 
nihil  sinistri  metuentes  ex  improviso  0])primerent,  aut  apparatum  saltern  bellicum  in  vicinis 
oppidis  mterciperent :  Quod  factu  sibi  haud  difficile  judicabant ;  Nisi  magno  animo  prsedicti 
Comites  cum  suis  obviam  eis  venissent,  quorum  adventu  usque  adeo  terrebantur  Boinias  vice- 
comes  cum  suis,  ut,  mutato  priori  consilio,  ingenti  terrore  cogerentur  ad  antiquas  latebras 
confugere,  &  ut  tutius  laterent,  cum  ad  Deae  fluminis,  (quod  Abredoniam  prseterlabitur,) 
pontem  venissent,  eundem  obstruunt ;  &  dispositis  in  ripa  cohortibus,  transitum  foederatis  prohi- 
bere  conantur :  sed  frustra,  quippe  foederati  post  paucorum  horarum  moram,  pontem  obstructum 
admotis  majoribus  machinis  intercipiunt,  &  qui  non  ita  pridem  triumphum  ante  victoriam 
canebant,  ad  latebras  &  tutam  fugam,  quanta  celeritate  possent,  circumspiciunt,  &  Abredo- 
niam, foederatorum  arbitrio  denuo  exponunt,  qui  earn  statim  interceperunt  :  Commodum 
certe  Abredonensibus  turn  fuit,  quod  celeri  nuncio,  Montis  Rosarum  &  Mareschalli  Comites 
de  icta  pace  certiores  facti  sunt,  nam  alioqui  verendum  fuisset,  ne  dementia  ilia  quam,  toties 
experti  fuerant,  &  qua  se  toties  indignos  reddiderunt  cives  quidam  Abredonenses  (nam  om- 
nibus  onmino  civibus  instabilis  haec  rautabilitas  imputari   non   potuit ;  quippe  quod  eorum 

(1)  [According  to  Spalding,  there  were^ce  slain  on  tbe  part  of  the  Royalists  Hist,  of  Trnub..  Tol.  i.  p. 
155.  Gordon  of  Sallagh  says  that  *'  fourteen  of  Aboyne's  foot,  and  of  the  inhabitants  of  Aberdeen  were 
slayn;  as  many  wer  killed  on  the  other  syde.*'     Gen.  Hist,  of  Earld.  of  Sutherland,  p.   494.] 


Ch.  liv.]  history  of  scots  affairs.  279 

This  misfortune  was  followd  by  ane  other,  for  Montrose  his  pairty  grew   A.  D.  1039. 

still  mor  and  mor  impatient.       Lievtennant  coUonel  John   Midletoune(')       

(afterwards  better  knowne)  cryed  out  that  ther  canon  would  macke  them  all 
arrant  poultrons,  since  all  ther  confidence  was  in  ther  canon  shott  at  a  dis- 
taunce,  and  no  body  durst  sett  on ;  being  somewhat  discouraged  by  the 
slaughter  of  one  Captain  Andrew  Ramseye  (brother  to  the  laird  of  Bal- 
maine),  a  gentleman  of  Montrose  partye  ;  whom  one  Johne  Gordone  of 
Inshstomacke,  a  Strabogye  man,  had  killed  the  day  befor  with  a  marked 
shott,  out  of  indignatione  that  they  had  killed  John  Forbesse,  a  buro-esse  of 

quidam,  licet  cum  manifesto  vitae  &  fortuiiiirum  periculo,  reliquis  foederatis  serio  se  olim 
adjunxerant ;  neque  fidem  datam  corniperunt)  in  justam  iram  verteretur,  quandoquidem,  ne 
ignem  in  tecta  ipsa  conjicerent,  difficulter  detinebantur  milites  foederati ;  sed  ductorum  au- 
thoritate,  &  pacis  certo  nuncio  asperiora  ilia  consilia  &  conatus  impediebantur.  In  omnibus 
illis  motibus  nihil  humani  sanguinis  ettundebatur,  prseterquam  in  hoc  ad  Deae  pontem  con- 
flictu,  ubi  duo  i'cederati  desiderati  sunt,  sed  ex  altera  parte  plus  minus  quinquaginta,  &  com- 
plures  vulnerati,  inter  quos  lonstonus  quidam  tribunus,  vir  acris  &  expediti  ingenii."  Histo- 
ria  Motuum,  pp.  390—392. 

"  So  soon"  says  Baillie  "as  Montrose  had  turned  homeward  to  the  Merns,  at  once  Aboyne 
and  Banft',  with  Crowner  Gun,  and  some  other  officers,  gathered  great  forces.  Aberdeen 
joined  heartily  to  the  party.  They  spoiled  Marischal's  lands,  and  all  our  friends  there. 
They  had  devoured  Dundee  and  all  Angus  in  the  throat  of  their  hope.  But  at  once  Mon- 
trose and  Marischal,  most  valorous  and  happy  noblemen,  gave  them  some  other  matter  to  do, 
though  much  inferior  in  number.  They  came  to  seek  them.  Some  great  ordinance  we  had, 
which  moved  our  party  to  hold  off  when  they  were  coming  on  hoping  to  have  clean  defeat 
us ;  for  their  highlanders  avowed  they  could  not  abide  the  rausquett's  mother,  and  so  fled  in 

troops  at  the  first  volley The  enemy  had  fortified  the  bridge  of  Dee,  and  lay  on  the 

other  shore  under  sconces,  with  their  musquets  and  horsemen.  We  resolved  to  have  the 
bridge  on  all  hazards.  It  was  a  desperate  piece  of  service.  None  more  stout,  and  full  of 
good  directions  at  it,  than  Jesuit  Abernethy,  by  the  playing  of  the  great  ordnance  on  the 
bridge :  and  much  ado ;  for  the  perverse  citizens  of  Aberdeen  did  fight  very  manfully  that 
day.  At  last  with  some  slaughter  on  both  sides,  we  won  the  bridge.  We  put  our  enemy 
to  rout,  goes  forward  that  same  night  to  Aberdeen,  lodges  without  in  the  fields,  being  resol- 
ved to-morrow  to  have  sacked  it  orderly,  that  hereafter  that  town  should  have  done  our 
nation  no  more  cumber.  But  as  it  pleased  God  to  keep  us  from  all  marks  of  the  least  al- 
ledged  cruelty  from  the  first  taking  up  of  our  arms,  so  there  the  preventing  mercies  of  God 
did  kythe  in  a  special  manner  ;  for  that  same  night,  by  sea,  the  King's  letters  of  pacification 
at  Dunse  were  brought  to  the  town  ;  which  to-morrow  early  being  presented  to  our  nobles, 
made  them  glad  they  had  got  that  blessed  cord  to  bind  up  their  soldiers  hands  from  doing  of 
mischief,  whereto  that  wicked  town's  just  deservings  had  made  them  very  bent.  For  all  our 
sparing,  yet  that  country's  malicious  disloyalty  seems  not  to  be  remeided.  In  the  military 
burial  of  Balmain's  brother,  some  traitor  with  a  musquet  of  moe  bullets  than  one,  did  kill 
outright  a  gentleman  very  near  Montrose  and  Marischal ;  as  at  the  first  expedition  a  knave 
was  taken  in  that  tovm,  who  was  mightily  suspected  to  have  had  a  design  to  have  killed 
Lesly."     BailUe's  Letters,  vol.  i.,  pp.  186,  187.] 

(1)  [Created  Earl  of  Middleton  at  the  Restoration.  After  he  left  their  party,  he  was 
occasionally  taunted  by  the  Covenanters  for  the  zeal  and  gallantry  which  he  displayed  on 
this  occasion  in  behalf  of  the  Covenant.  See  Kirkton's  Hist,  of  Ch.  of  Scot.,  p.  118; 
Wodrow's  Hist,  of  Ch.  of  Scot.,  vol.  i.  p.  89.] 


280 


HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 


A.  D.  1(339.  Aberdeene.  For  this  cause  Midletoune  resolved  to  storme  himselfe ;  but 
whilst  he  was  macking  readye,  a  pairt  of  one  of  the  turretts  of  the  bridge, 
hard  by  the  porte,  being  strucke  downe  by  a  canon  shotte,  overthrew  John- 
stone, who  stoode  all  the  whyle  wher  the  greatest  dainger  was  ;  and  being 
half  buryd  in  the  ruine,  it  so  qwashed  one  of  his  leggs  to  peeces  that  he 
could  no  longer  stande.  Johnstons  legge  being  brockne,  he  was  instantly 
carryd  of;  but  his  departure  discouraged  the  defendants,  so  that  shortly 
after,  befor  the  enemy  perswed,  ther  captain  losed  and  the  horse  reteered 
they  could  not  tell  whither,  they  forsooke  the  bridge  of  ther  oune  accorde 
and  left  it  emptye,  evrye  one  tacking  a  sundrye  waye. 

'  The  newes  of  Johnstons  hurt  being  brought  to  collonel  Gunne,  who  was 
but  ridd  upp  the  I'iver  syde  a  little,  his  next  order  that  he  gave  was  this  : 
"  Gentlemen,"  sayes  he,  "  macke  yow  for  the  towne  !  lievtenant  collonel 
Johnstone  is  killd,  and  the  bridge  is  wonne  !"  But  his  wordes  gott  slender 
obedience  :  Therfor  Obyne  and  the  rest  with  him,  and  bee  in  companye, 
rode  off  for  Strabogye,  leaving  Aberdeen  for  to  shift  for  itselfe. 

Whilst  they  wer  thinking  of  a  retreate,  William  Gordon  of  Arradowle, 

a  resolute  gentleman,  desyred  collonel  Gunne  to  stande  and  waite  upon  the 

Covenanters  forpartye  crossing  the  bridge,  and  shwed  that  as  yet  they  had 

advauntage  :    He  tould  him  it  was  not  tlie  fashione  of  Huntlyes  familye  to 

leave  the  feelds  without  fighting  ther  enemye.    But  ther  was  no  hearing,  for 

it  was  Gunnes  fashion  alwayes  to  crye  out  that  if  they  would  not  obey  his 

orders,  he  would  laye  downe  his  charge  and  complaine  to  the  Kinge.     This 

refusall  of  his  to  charge  was  so  ill  tackne,  that  the  company  beganne  for  to 

tell  Aboyne  that  Gunne  had  betrayd  him ;  and  Aradoulle,  in  a  great  chafe, 

told  him  to  his  face  he  was  a  villaine,   and  ane  arrant  traitor  :  all  which 

collonel  Gunne  swallowd  quyettlye. 

Covenanters        LV.  Half  ane  hower  after  the  foote  had  left  the  bridge,  the  Covenanters 

enter  Aber-     forpairtye  entred  the  porte,  and  marched  alongest  it,  keepinge  ther  journey 

choler ;  im-     towards  Aberdeene,  for  it  was  far  afternoon,  without  offering  to  persew 

prison;  hardly  ^ny  of  Aboynes  partye,  who  had  gottne  tyme  to  reteere.*     When  they 

from  settino-    entred  Aberdeene  they  came  with  great  choller,   seizing  upon  all  such  as 

fire  to  the       had  not  made  hast  to  gett   out   of   the  towneCO ;  and  upon  such  of  the 
town ;  Mar- 
shal and  Mu-        *  June  nineteenth,  Bridge  wone  and  the  toune  entred :     Forty-eight  cittizens  made  pri- 
chols  save  it.    soners,  and  bounde  with  cordes :  Toune  fyned  to  six  thousand  nierkes.     [Spalding,  Hist,  of 

Troub.,  vol.  i.,  pp.  155,  156.] 
(1 )  ["  The  confederat  lords  comes  to  Aberdein  with  sound  of  trumpetts,  displayed  collours, 

and  touking  of  drums.     As  the  army  marched,  the  haill  covenanters  was  blyth,  and  the 


Cu.  LVL]  HISTORY  OF  SCOTS  AFFAIRS. 


281 


townesmen  as  they  could  gett  tryall  of  to  have  beene  upon   the  service,    A.  D.  1639. 

castino-  them  into  prisone,   and  using  them  very  rudlyeC):    And  hardly 

could  the  souldiours  be  restrained  from  plundering  and  putting  fyre  unto 

the  towne.* 

LVI.  But  whilst  the  poor  cittye  was  fearing  the  worst,  that  same  very  News  arrives 

night  came  ther  a  pinnasse  from  Bervicke  with  letters  bothe  from  the  Kinge  jfo^  of' Ber 

and  cheife  of  the  Covenanters,  orderinge  all  actes    of  hostilitye  to  cease  wick,  on  the 

upon  both  sydes,  and  intimatinge  that  the  treaty  was  closed ;  so  that  to  twentieth  of 

morrow  all  the  prisoners  wer  released,  the  peace  proclaimed,  and  evry  man  it  was  signed 

who  had  fledd  beganne  to  come  backe  to  Aberdeene  to  ther  houses.C^)     Yet  oply  «"  'he 
°  eighteenth. 

royalists  alse  sorrowful!  at  this  sight,  who  for  plaine  fear  fled  the  toun,  with  their  wiffes,  and 
childrein  in  their  armes  and  carried  on  their  backs,  weiping  and  mourning  most  pitiefully, 
straying  here  and  there,  not  knowing  wher  to  goe."  Spalding,  Hist,  of  Troub.,  vol.  i.,  p. 
155.] 

<i)  ["  After  quartering  in  both  Aberdeins,  the  soldiers  immediately  made  search  for  sic 
musketeirs  as  served  against  them  at  the  Brig  of  Dee;  and  found  about  48  cavilliers,  brave 
fyrenien,  whom  they  caused  hind  be  the  gardies  with  towes,  in  disgraceful  manner,  and 
brought  to  the  tolbuith,  wher  that  night  they  gott  neither  meat,  drink,  fyre  nor  candle,  nor 
bed ;  and  watched  the  tolbuith  for  that  effect."     Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  155.] 

•  Nota  et  insere.  When  Montrosse  entred  Aberdeene,  the  Earle  Marishall  and  Lord 
MuchoU  pressed  him  to  burne  the  toune,  and  urged  him  with  the  comittye  of  estates  war- 
rant for  that  effecte.  He  ansuercd.  That  it  wer  best  to  advyse  a  night  upon  it,  since  Aber- 
deene was  the  London  of  the  north,  and  wold  praejudice  themselves  by  want  of  it,  et  cet. 
So  it  was  tackne  to  consideration  for  that  night,  and  next  day  the  Earle  Marishall  and  Lord 
MuchoU  came  protesting  he  would  spare  it.  He  answered.  He  was  desyrouse  so  to  doe,  but 
durst  not  except  they  wold  be  his  warrant.  Wherupon  they  drew  upp  a  paper,  signed 
with  bothe  ther  handes,  declaring  that  they  had  hindred  it,  and  promising  to  interpone  with 
the  comittye  of  the  estates  for  him.  Yet  the  next  yeare,  when  he  was  made  prisoner,  and 
accused,  this  was  objected  to  Montrosse,  That  he  had  not  burned  Aberdeene,  as  he  had  orders 
from  the  comittye  of  estates.  Then  he  produced  Marishall  and  MuchoUs  paper,  which 
hardly  satisfeed  the  exasperat  comittye.  ["  Alioqui  verendum  fuisset,  ne  dementia  ilia 
quam,  toties  experti  fuerant,  &  qua  se  toties  indignos  reddiderunt  cives  quidam  Abredonen- 
ses,  in  justam  iram  verteretur,  quandoquidem,  ne  ignem  in  tecta  ipsa  conjicerent,  difficulter 
detinebantur  milites  fcederati."     Historia  Motuum,  p.  391. 

"  Some,"  says  Gordon  of  Sallagh,  "  did  perswade  to  rase  the  toun,  and  to  burn  it,  least 
it  should  prejudge  them  afterward  ;  but  that  motion  was  hindred  and  crushed  by  the  Earl  of 
Montrois."  Gen.  Hist,  of  Earld.  of  Sutherland,  p.  494.  Bishop  Guthrie  relates  that  on 
the  occasion  of  Montrose's  first  expedition  to  Aberdeen  in  March  1639,  "some  tierj'  minb- 
ters  that  attended  him  urged  no  less,  than  that  he  should  burn  the  town,  and  the  soldiers 
pressed  for  liberty  to  plunder  it ;  but  he  was  more  noble  than  to  hearken  to  such  cruel  mo- 
tions, and  so  drew  his  army  away  without  harming  them  in  the  least."  Memoirs,  p.  53. 
"  The  discretion  of  that  generous  and  noble  youth  was  but  too  great,"  says  Baillie  ;  "  a 
little  time  did  try  that  we  had  been  too  great  fools  not  to  disarm  that  country  altogether, 
and  use  some  severity  for  example  among  them."  Letters,  vol.  i.,  pp.  159,  160.  Elsewhere 
he  speaks  of  "  Montrose's  too  great  lenity  in  sparing  the  enemies  houses."  vol.  i.,  p.  169.] 

(■-)  ["  Upon  Thursday  the  iOth  of  .Tune,  the  nobles  went  and  took  up  the  corps  of  Pit- 
raedden  and  Ramsay  both ;  and  ilk  man  was  buried  in  the  kirk  of  Aberdein,  be  their  own 

•2n 


282  HISTORY  OF  SCOTS  AFFAIRS.  [B.  IV. 

A.  D.  1639.  could  not  Montrosse  souldiours  be  gottne  away  out  of  the  towne  of  Aber- 
Hostilities  deene  till  the  towne  payed  fyve  thousand  merkes  Scottish  of  a  taxation  to 
cease  on  both  thera ;  so  ill  wer  they  satisfeed  bothe  with  the  want  of  the  plunder  of  Aber- 
^'  ^^'  deene  and  the  hastye  newes  of  the  peace,  which  Montrose  suspected  would 

come  befor  he  entred  the  towne. 

The  next  day  captain  Ramsey  and  the  laird  of  Pittmedden  wer  solemnly 
interred  at  Aberdeene.  But  at  Pittmeddens  buriall  ther  hapned  ane 
accident  which  was  lycke  to  have  bredd  a  new  sturre  ;  for,  whilst  the 
Covenanter  souldiours  and  cittizens  of  Aberdeene  wer  drawne  upp  about 
the  churche,  giving  a  volley  to  the  burialls,  one  William  Erskyne  (brother 
to  Thomas  Erskyne  of  Pittodry),  ane  hotte  Covenanter,  was  shott  thorough 
the  heade ;  and  this  made  way  for  a  third  burialle.  It  was  observed  that 
this  gentleman,  William  Erskyne,  then  living  in  Aberdeene,  had  carryd 
himself  very  proudly  and  insolentlye,  and  that  the  very  night  befor  no 
man  had  carryde  mor  malitiouslye  to  the  cittizens  then  bee.  One  of  the 
cittizens,  whom  befor  he  had  ill  intreated,  William  Anderson,  a  golde- 
smythe,  was  afterward  accusd  for  his  slaughter,  but  was  acqwytted  as  being 
innocent.  It  was  ane  accidentall  shott,  and  no  body  could  ever  tell  to  this 
daye  who  did  it. 
Aboyii  goes  LVII.  Shortly  after  the  pacificatione,  Obyne  went  to  Berwicke  to  the 
to  the  King  Kinge  ;  and  in  Edinburgh,  had  lycke,  by  the  rascally  multitude,  to  have 
been  killed  in  his  coatche.  Thither  went  collonel  Gunne  also  ;  but  shortly 
afterwards  Johnstone  coming  to  court,  his  legge  being  cured,  accusd  him 
as  a  traitour,  and  challendged  him  to  single  combatt ;  but  Hamiltoune  con- 
veyd  Gunne  away  to  Holland,  who,  the  whyle  that  he  stayd  at  court, 
traduced  Huntleyes  followers  as  boldly  as  they  confidently  accused  him  ;  so 
that  hardly  knew  the  King  whome  to  beleeve  amongst  them. 

It  is  not  to  be  omitted  that  during  thes  actiones  ther   was  one  expresse 

freinds,  with  lamentation.  There  was  ane  dead  voUie  shott  be  the  souldiers  for  their  own 
man  Ramsay  at  the  Old  Kirk  door,  where  William  Erskine,  brother  to  the  laird  of  Pit- 
todrie,  was  suddenly  shot  dead  throw  the  head,  standing  amongst  the  rest ;  wherof  never 
word  nor  tryall  was  gotten,  whilk  was  thought  marvellous,  but  indeid  he  was  a  willful 
malicious  covenanter. 

"  Therafter  the  nobles  goes  to  ane  councell  of  warr,  (hearing  certainly  of  a  treatie  past 
betuixt  the  king  and  his  subjects  at  Berwick,  wherof  they  had  knowledge  before  the  in- 
takeing  of  the  Brig,  as  was  said,)  fynes  Abcrdein  in  6000  merks,  which  was  presently 
payed,  louses  the  toun's  men's  gardies,  who  were  knit  two  and  two  togither,  and  sets  them 
to  libertie  upon  the  same  Thursday.  The  town  was  saved,  unplundered,  by  payment  of 
this  soume."     Spalding,  Hist,  of  Troub.,  vol.  i.,  p.  156.] 


Ch.  lvii.]  history  of  scots  affairs.  -S3 

sent  to  Huntleyes  followers  from  the  King,  by  Mr.  Alexander  Innes,  mi-  A.  D.  1639. 
nister  at  Rothemaye ;  wherin  the  King  advysed  them  for  to  gwarde  them- 
selves  as  weall  as  they  could,  and  tacke  suche  advauntage  as  they  might  of 
ther  enemyes  :  for  the  rest,  he  thanked  them,  but  gave  them  no  hopes  of  asis- 
taunce.  This  was  all  that  ever  I  could  learne  that  came  to  them,  and,  if  I 
remember  aright,  it  was  not  dely vered  till  either  a  few  dayes  befor,  or  a  few 
daves  immediatly  after  the  pacificatione ;  wherof  it  is  now  high  tyme  to 
come  and  speacke. 


THE  END  OF  THE  SECOND  VOLUME. 


PRINTED    .\T    THE    ABERDEEN    CONSTITUTIONAI,    OFFICE, 
BT    WILLIAM    BENNETT.